i
I
MINUTE RECORD BOOK NO.
Digitized by the Internet Arcliive
in 2015
littps://arcliive.org/details/minuterecord767681unse
HEREIN INCORPORATED
AGREEMENTS :
CITY and:
ST. JOSEPH'S MEDICAL CENTER for closure of portion of Berry St. bounded on east
by Broadway and west by Van Buren 2
FORT WAYNE - ALLEN COUNTY AIRPORT AUTHORITY 4
Z.K. TAZIAN f, G.R. BECKER re street lighting system for Versailles Village 9
A.L.C.S.S.E. JOINT VENTURE re Lafayette/ Aboite Project Res. 424-86 10
WOODBRIDGE APARTMENTS - Agreement to maintain sewers 11
BONAR § ASSOC. INC. for additional engineering services in connection with
Hobson Road/East State Boulevard Intersection Improvement 12
STATE OF INDIANA re Railroad Agreement, Project No. RRP-F568 - Approaches, Sig-
nals S Surface; RR Force Acct. at W. State at Conrail in Fort Wayne 13
STATE OF INDIANA - Local Agreement Project HES- 100-9 ( 18) 14
BONAR 5 ASSOC. INC. for professional engineering services for St. Joe Road Right-
of-Way staking 15
HOWARD NEEDLES TAMMEN 5 BERGENDOFF for Waste Activated Sludge Thickening Facili-
ties 18
PRC ENGINEERING INC. for engineering services re transportation corridor study
of Illinois Road from Jefferson Blvd. to 1-69 Interchange 19
BOARD OF COMMISSIONERS OF ALLEN COUNTY - Interlocal Cooperation Agreement re
construction of sanitary sewer facilities on Complete Auto Transit/Auto Truck
Project site 22
GENERAL TELEPHONE, COMCAST CABLE, NIPSCO and I § M Utility Agreements 23
PARK CENTER INCORPORATED 34
ISM, GENERAL TELEPHONE, COMCAST § NIPSO Utility Agreement for E. State 42
SCHENKEL § SHULTZ, Architects/Engineers for design S planning of offices 45
PARKVIEW MEMORIAL HOSPITAL for improvements 49
HOWARD NEEDLES TAMMEN § BERGENDOFF re general Architectural, Engineering and
Planning Services ; 51
McNAMEE, PORTER § SEELEY for professional services in connection with high ser-
vice pumps 52
BONAR 6 ASSOC. INC. - professional services in connection with E. State Boulevard
from Bypass east to Lake Forest Drive 53
CAMP DRESSER McKEE, Subagreement #3 to the Master Agreement for development of
IMS 58
HOWARD NEEDLES TAMMEN S BERGENDOFF, Sludge Digestion Facility Improvement 59
ISM ELECTRIC CO. re Southwest Pump Station @ 10734 Indianapolis Road 69
LIGHT S BREUNING REALTORS for management of City Parking Lot east of Historical
Museum during 1985 Three Rivers Festival 82
ALLEN COUNTY REGIONAL SEWER DISTRICT 86
THE KROGER COMPANY re widening of State Street 89
BONAR S ASSOC. INC. - Amendment to 4/24/84 agreement for misc. professional
engineering services 90
SHAMBAUGH S SONS, INC. - Cook Rd . project for water/sewer improvements 91
ROBERT L. THOMPSON JR., special counsel re Public Service Commission matters--96
ROBERT L. THOMPSON JR., special counsel re I S M rates 97
LINCOLN NATIONAL CORPORATION re use of City duct space 100
INDIANA DEPT. OF HIGHWAYS for construction S construction engineering for East
State Boulevard Project No. MAM-M-F568 (2) 101
HEREIN INCORPORATED - continued
AGREEMENTS - continued
INDIANA DEPT. OF HIGHWAYS, Railroad Agreement Project RRP-F392(1) 102
SECURITY LEASING INC. re contribution to cost of road construction 106
CLYDE E. WILLIAMS 8 ASSOC. INC. for additional professional engineering re Pro-
ject No. M-F 312(1) Crescent Ave. Improvement HI
INDIANA DEPT. OF HIGHWAYS re E. State Blvd. re E. State Blvd. Project, Phase I,
Project No. M-MG-F568(2)
McNAMEE, PORTER § SEELEY for professional engineering services in connection
with a water treatment pilot plant ^^-^
INDIANA DEPT. OF HIGHWAYS re Project RRP-F392 (1) - Lindenwood 5 N§W RR 114
HOWARD NEEDLES TAMMEN § BERGENDOFF for engineering services in connection with
sludge handling; Change Order appeal (C180S38] AWT, etc. 118
GRABILL, INDIANA for Water Pollution Control Plant Treatment 119
CLYDE E. WILLIAMS § ASSOC. INC. for professional engineering services in con-
nection with roadway lighting on U.S. 30 (Coliseum Blvd)
-120
JAMES E. SCOTT in connection with upgrading City Utilities computerized billing
system etc. 128
ALLEN COUNTY BOARD OF COMMISSIONERS - County Utility Agreement on Indianapolis
Road SR Project No. 6102 143
DEEDS
Special Municipal Warrant Deed for transfer of real estate to Redevelopment
Commission 1
EASEMENTS
Easement for gas main to NIPSCO 68
Easement Agreement with Irene S. Freistroffer d/b/a/ Henry's Restaurant 76
Easement Agreement for gas main to NIPSCO (#35893) 84
Easement Agreement for gas main to NIPSCO (#35893-A) 85
Partial release of easement - Industrial Engineers Inc. 88
Spears-Dehner , Inc. granted permanent easement to City on Lot 117 in Lincoln-
dale Amended Addition; City to pay assessments on Lot 117 133
MISCELLANEOUS
General Rules 5 Regulations for WPC Utility 39
Proposal by S.E. Johnson for manhole castings 5 water valve castings 41
City grants permission to Shambaugh § Son Inc. to construct water main across
utility easement at 510 Sumpter Drive 60
Petition by St. Joseph Hospital to construct § maintain a heliport § safety net
over a sidewalk 103
RESOLUTIONS
EMERGENCY RESOLUTIONS
76-119-10 WPC Plant needs to increase P.O. for Ferrous Sulfate due to increase
in plant flow during early summer months; P.O. issued to Worthington
Steel for $27,000 20
76-117-1 Filtration Plant High Service Pump No. 9 inoperable- P.O. to Fair-
banks Morse for disassembly § inspection 21
76-102-1 P.O. issued to Jack Hildebrand for $11,850 for concrete repair at
Lafayette Complex 40
76-84-2 Pavement blow-up in 900 blk. of E. Paulding Rd.; Mergy Construction
$3,536.80 65
76-84-1 Pavement blow-up in 5700 blk. of S. Anthony Blvd; Mergy Construction
$2,730.91 66
76-86-11 Pavement blow-up in 6600 blk. of N. Clinton; Mergy Construction for
$9, 193.05 67
76-78-1 Pavement blow-up in 5200 blk. of N. Clinton 71
76-60-17 Pavement blow-up - Illinois Road at Getz Road 83
IMPROVEMENT RESOLUTIONS - Streets, Alleys, Sidewalks, etc.
6063-84 Demolition of Hanna School Property 5
6062-86 1986 Asphalt Resurfacing Package 4 6
6055-86 Sidewalks on Parnell from alley N of State - Vance Ave. W side 27
6061-86 Sidewalks i drives on Luther (Anthony E to Grant) 28
HEREIN INCORPORATED - continued
IMPROVEMENT RESOLUTIONS - continued
6059-86 Curbs, yardwalks, wingwalks S adjusting drainage structures on Archer
Avenue (Wells - Sherman) 30
6058-86 Curbs on both sides of Piqua (IVildwood S to Clinton) 32
6057-86 New Kirkwood Park Street Repair 35
6056-86 Sidewalk replacement and addition of yardwalks 5 paraplegic ramps on
on Delaware (both sides) from St. Joseph E to Kentucky; § Tecumseh
from Tennessee N to Delaware Ave. 38
6054-86 Curbs, walks, etc. - Plaza Dr. 5 Central Drive 44
6053-86 Planeview Drive - drainage, curbs 5 concrete pavement improvement 46
6052-86 Emergency Res. for Street Imp. - S. Clinton (Rudisill-McKinnie) 63
6050- 86 Hurshtown Reservoir Improvements 72
6051- 86 Emergency Res. for Street Imp. - S. Clinton (Leith-lVildwood) 73
6049-86 Street Widening - Parnell Avenue 80
6047- 86 Asphalt Resurfacing Package 3 87
6048- 86 Headwall § Backwater Gate @ Gruber Ditch, Vesey Ave. Addition 95
6046- 86 Asphalt Resurfacing Package 2 98
6045-86 Asphalt Resurfacing Package 1 99
6044-86 Wells St. from Commerce S to RR tracks 115
6042- 86 Curbs/Sidewalks - Michigan Avenue 1986 (CD§P) 116
6043- 86 Curbs/Sidewalks - Fairfield Avenue 1986 (CD5P) 117
6038- 86 Curbs/Sidewalks - Hanna-Creighton 1986 (CD§P) 122
6037-86 Curbs/Sidewalks - Pontiac Place 1986 (CD§P) 123
6047- 86 Curbs/Sidewalks - Oxford NPI 1986 (CD§P) 125
6039- 86 Curbs/Sidewalks/Drive Approaches/Street Lighting - Hoagland-Masterson
NPI 1986 (CDSP) 126
MISCELLANEOUS RESOLUTIONS
Transfer of real estate to Redevelopment Comm. (next to Historical Museum) 1
Execution of agreement with St. Joseph Medical Ctr. for partial vacation of
Berry Street 2
Execution of agreement with Airport Authority 3
Conveyance of real estate to Habitat for Humanity, Inc. 8
Reduction of remote meter installation charge for senior citizens 16
Interlocal Cooperation Agreement with Bd. of Commissioners of Allen County 24
Acceptance of Lawrence Drain 26
Real Estate Lease with Park Center, Inc. 33
H. James Haley to serve as BOPW's representative on City Plan Commission 36
Cosette R. Simon designated as authorized signatory for EPA documents 43
Parkview Memorial Hospital - Improvements on Hobson § Forest 48
Special Consultant Services with Laura A. Arnold 64
Easement Agreement with Irene D. Freistroffer d/b/a/ Henry's Restaurant 75
76-64-22 Revision of Specified non-recurring charges 81
Resolution awarding Brooks Construction to do valve box work for Lafayette 92
Resolution awarding Brooks Construction Project No. 1-IDOH, Project RS-16027,
U.S. Highway 27 (Lafayette St.) for $35,000 (approximately) and S.E. Johnson Co.
Project No. 1-lDOH Project RS-16027, Clinton St. for approximately $35,000 93
Approval to St. Joseph Hospital to construct, install, occupy, use and maintain
heliport safety net r 103
Resolution voiding Notice of Main Extension for Water Contract 83-XP-5 105
Resolution regarding rates § charges by City for Waterworks services 107
Resolution regarding rates 5 charges by City for users of sewer work 108
Resolution consenting to acquisition by Comcast Corp. of Citizen Cable Communi-
cations (CCFW) 134
Resolution consenting to acquisition by Comcast Corp. of Citizen Cable Communi-
cations (CCAC) 136
Resolution regarding Bodhe Realty, Inc. in connection with area connection fees
for Parkview Addition Section A, B, 5 C 137
SEWER RESOLUTIONS
426-86 Concordia Gardens Storm Sewer Improvements 37
424- 86 Lafayette Center Road/Aboite Road Sewer Improvements 47
423-86 Pierson Ditch - Lagoon Levee 50
425- 86 Lawrence Drain Phase I § II Storm Sewer 54
902-86 E. Cook Rd . Sanitary Sewer Ext. - A.F. Smith Subdivision 55
413-85 AMENDED Industrial Road/Ley Road Storm Sewer 56
895-85 AMENDED Illinois Road Sanitary Sewer Extension 57
900-86 Eastland Gardens/Woodland Acres-Stinson 's Subdivision Storm Sewer 62
902-86 Martin Luther Drive Sanitary Sewer -77
422-86 Courtyards Sanitary 6 Storm Sewers 79
421-86 Oswego Avenue Sanitary Sewer Repair 105
899-86 AMENDED Ludwig Circle Sanitary Sewer 110
420-86 Miami Village Storm Sewer Separation 129
419-86 Prospect Avenue Storm Sewer 135
418-86 Anderson Avenue Storm Sewer 138
417-86 Woodhurst-Belmont Storm Sewer Phase I 139
416-86 AMENDED Paulding-Decatur Road Sewer Repair 140
415-86 E. State Evangel Assembly of God Lift Station 142
HEREIN INCORPORATED - continued
WATER RESOLUTIONS
1037-86 Province 5 River Park Drives (Concordia Gardens) 17
1035- 86 Garden Park Drive 20
1036- 86 AMENDED Ludwig Park Drive 20
1034-86 Inwood Drive ^1
1036-86 Ludwig Park Drive ■'4
1033-86 Fairfax Section Addition 121
STREET LIGHTING RESOLUTIONS
181-86 Street Lighting Maintenance Contract 70
180-86 Iflieatridge Addition, Section I 25
SEWER EXTENSIONS
Zohrab K. § Naomi C. Tazian - Windsor Woods Section III 7
Don § Carolyn Merryman - E. State Boulevard 25
Macke Development Corporation 78
Gary H. , Pamela E. and Bettie J. Hilgeman 124
Wayne Haven Industrial Park 141
VACATIONS
76-39-9 Fort Wayne Bible College - easement in Wiebke's Homestead Addition,
Section A 109
76-18-6 St. John the Baptist Catholic Church - portion of public street 127
76-11-4 Fort Wayne Anodizing - portion of public alley 130
76-11-2 Thomas G. Bastress - Utility easement 131
76-11-3 Interstate Industrial Parks, Inc. and Magnavox Government 5 Industrial
Electronics Co. - railroad spur easement 132
76-1-2 Gerald L. Doran - Brooklyn Avenue (portion of street) 144
76-1-1 C.H. Kraus Sheet Metal - Utility easement 145
AGREEMENTS
CITY and:
DONNA JONES § WILBUR WEBER Indemnification Agreement 2-14
ALLEN COUNTY, UTILITY Agreement for sewer services on Indianapolis Rd. S-16
SPEARS-DEHNER for Lincolndale Sanitary Sewer 7-11
CBD Modernization - Phase III Utility Agreements 8-12, 10-18
G.P. § B. HILGEMAN for sewer extension @ Lincoln Parkway § Hadley Rd. 19-17
KROGER CO. for widening of State Street 19-22, 59-3
TOIVN OF GRABILL for Water Pollution Control Agreement 21-5
SECURITY LEASING INC. for Vance Avenue Improvement 39-10
INDIANA DEPT. OF HIGHWAYS for MAM-M-F368 (2) (East State) 47-18
INDIANA DEPT. OF HIGHWAYS for RRP-F592 (Lindenwood Rd.) 47-19
RESIDENTS of HESSEN CASSEL AREA re: Capital S Non-Capital services 49-8
S. § P. BRADTMUELLER for sewer extension in Ridgeville Heights Block A 51-15
HILTON § FINE ARTS FOUNDATION "Hold Harmless Agreement" 51-19
BLUE MOUNTAIN CAFE "Hold Harmless Agreement" 54-16
NIPSCO, GTE, J.S. 5 L.S. SOMMER Encroachment Agreement 54-24
LINCOLN NATIONAL CORPORATION Land Use Agreement 54-25
TARGET INC. re: Area Connection Fee 54-26
SHAMBAUGH § SON for utility agreement - Cook Road 58-14
RICHARD SNOUFFER re: Barrett Bond 58-20
BONAR f, ASSOC. Amended Agreement re: Procedure for Billing 58-22
ALLEN COUNTY REGIONAL SEWER DISTRICT final agreement 60-14
LIGHT S BRUENING re: City Parking Lot adjacent Historical Museum 60-19
OWENS RUSSELL Supplemental Agreement for engineering services 64-25
DEPT. OF NATURAL RESOURCES for Junk Ditch Study 64-27
MACKE DEVELOPMENT CORP. for sewer extension in Pine Valley 69-15
HENRY'S RESTAURANT easement agreement 70-19
ANDERSON- LOMBARD INSURANCE easement agreement 75-21
THE INN PLACE "Hold Harmless Agreement" 77-32
MCNAMEE, PORTER 5 SEELEY Water Treatment Pilot---78-3, 88-7, 93-18, 104-25, 129-5
ALLEN COUNTY re: Electric Tariff for SW Pump 81-2
ARNOLD GROUP re: Utility Consumer Affairs 86-17, 92-9
SHAMBAUGH § SON easement waiver 90-22
BONAR S ASSOC. - E. State Project Engineering Services 93-17
HOWARD NEEDLES TAMMEN S BERGENDOFF general architectural services 93-21
PARKVIEW HOSPITAL for limited use of Hobson S Forest 94-28
SCHENKEL 5 SHULTZ designing 6 planning of 9th floor, City-County Bldg. 96-11
I§M, COMCAST, NIPSCO § GTE Utility Agreement 101-33, 111-22
PARK CENTER INC. 106-26
ALLEN COUNTY for Interlocal Agreement for Complete Auto Transit 111-21, 115-28
ROGERS MARKET for sewer extension 0 Dupont Crossing 114-19
PRC ENGINEERING for Illinois/Jefferson Corridor 120-32
NORTHILL for Wallen Hills sewer extension 120-35
MACKIDS, INC. for Stellhorn Village sewer extension 120-36
M.S. 6 A.L. MCNEAL sewer extension for Meadowbrook, Lot 26 125-21
WESTERN LAND HOLDING CO. sewer extension for Illinois Road 125-24
INDIANA DEPT. OF HIGHWAYS for RRP-F568 (Conrail R.R. Crossing) 129-3
INDIANA DEPT. OF HIGHWAYS for HES-200-9 (18) (Coliseum Lighting Project) 129-4
TYCOR, INC. for sewer extension in Miller Ridge, Section I 130-17
BONAR § ASSOC. for additional services for Hobson/E. State 130-20
BONAR § ASSOC. for four sewer projects 138-11
Z.K. TAZIAN for sewer extension in Windsor Woods 138-17
SHIVE NURSING CENTER INC. for Lawrence Drain Improvement 138-18
Z.K. TAZIAN for four sewer projects 138-19
ALLEN CO. AIRPORT AUTHORITY proposed agreement 138-23
ST. JOSEPH MEDICAL CENTER for vacation of portion of Berry St. 139-24
MISCELLANEOUS INVITATIONAL BIDS
Broadway Tree Replacement: BARTLETT 45-15, 96-12
Proposed Paraplegic Ramps adjacent Freimann Square § City-County Building: TOMCO
53_7_ 78_4_ 100-12
Curbs § Sidewalks @ 4216-4130 South Wayne: TOMCO 8-14, 63-16, 63-17
NW § SW corner of Calhoun S Paulding; NE corner cut-back at Calhoun § Paulding;
4437-4343 Drury Lane replacement of curb § yardwalk 103-9, 133-2
DEDICATIONS
Alley bounded by WALLACE STREET on N and MASTERSON on S 75-4
DRIVEWAY APPLICATIONS
1712 Magnavox
918 Easton Trail
3-30
3-30
7513 Bridgewater Drive
829 Easton Trail
3-30
3-30
DRIVEWAY APPLICATIONS - continued
808 Pinecrest 3-30
2802 Congressional Parkway 8-13
2906 Roscommon Dr. 8-13
828 Greeley St. 8-13
2903 Westbrook Dr. 8-13
4730 Liggett Drive 8-13
700 blk. of Van Buren 8-13
221S E. Wallace 10-15
1602 Vance Avenue 11-9
1604 Vance Avenue 11-9
1829 E. Creighton 15-23
3600 blk. of Vance Ave. 15-23
2623 Chichester Lane 18-7
300 E. Cook Rd. 18-7
4625 Coldwater Road 21-9
1615 Directors Row 21-9
600 West Main 21-9
1319 Magnvox Way 28-15
711 Pinehurst 32-4
2221-23 Versailles Village 32-4
2104-05 Versailles Village 32-4
2112-14 Versailles Village 32-4
2227-29 Versailles Village 32-4
3900 blk. of Wells 32-4
2318-20 Versailles Village 32-4
1912 Shorecrest Dr. 32-4
1503 Channel Court 32-4
4911 Old Maysville Road 32-4
1522 Clearwater 32-4
1420 Louisdale Drive 32-4
1016 Easton Trail 32-4
3731 W. State 32-4
1319 Magnavox Way 36-6
2827 Northgate Blvd. 36-6
2120 Wayne Trace 36-6
5701 Coldwater Road 36-6
2802 Congressional 36-6
1011 Sherman 36-6
5710 Breconshire 36-6
3415-17 Olin 36-6
7734 Bisque Court 36-6
7707 Bridgewater Dr. 36-6
915-917 Putnam 36-6
2921 Overlook 36-6
706 E. Pontiac 40-19
706 E. Pontiac (revised) 40-19
409-421 E. Cook Road 40-19
Willow Creek Crossing, V S VI-40-19
5200 Bluffton Road 40-19
3200 Leroy Avenue 40-19
6235 Neighbor Drive 40-19
6223 Neighbor Drive 40-19
6229 Neighbor Drive 40-19
6220 Neighbor Drive 40-19
6226 Neighbor Drive 40-19
3240 Sandpoint Drive 40-19
1517 Clearwater 40-19
909 Easton Trail 40-19
7729 Weymouth Court 40-19
5322 Inland Trail 40-19
2312 N. Clinton 42-2
1133 S. Clinton 42-2
3511 Engle Road 42-2
3915 Mobile Avenue 42-2
3512 Cavalier Drive 42-2
112 E. Wallace 42-2
453 Dalgren 42-2
4740 Winter Street 42-2
4745 Winter Street 42-2
6832 River Haze Road 42-2
7516 Bridgewater Drive 42-2
2701 Autumn Leaf Lane 42-2
7821 Tendall Court 42-2
2422 Wood Valley Drive 42-2
1313 Production Road 42-2
714 W. Coliseum 42-2
4902 Lima Road 44-8
1219 S. Lafayette 44-8
701 Glazier 44-8
1729 Frenchmans Crossing 44-8
2001 S. Calhoun 47-13
1911 Getz Road 47-13
2101 Kenwood 47-13
3929 Plaza 47-13
2419 Bellflower 47-13
1311 Normandale 47-13
2814 Autumn Leaf 49-10
2814 Overlook Drive 49-10
5025 Huser 49-10
4205 Clear 49-10
4209 Clear 49-10
3337 Colliegiate 49-10
4927 Southwood Avenue 49-10
6828 Kiwanis 51-21
6304 Kiwanis 51-21
6311 Kiwanis 51-21
6223 Kiwanis 51-21
6229 Kiwanis 51-21
6310 Kiwanis 51-21
1902 Lynn Avenue 51-21
2502 Hazelwood 51-21
5806 Countess Drive 51-21
5205 Northcrest Drive 51-21
1000 Sherman Boulevard 51-21
512 Van Buren 51-21
2535 Wayne Trace 51-21
6019 Illinois Road 51-21
Engleton Dr. S, Engle Road 51-21
3000 E. Washington 51-21
1616 Profit 51-21
900 Webster 51-21
512-520 Hayden 55-30
3939 Wells 55-30
1701 Clover 55-30
5205 Tunbridge 55-30
1918 Shorecrest 55-30
5317 Inland Trail 55-30
5428 Cove Court 55-30
2405 Buckhurst Run 55-30
906 Easton Trail 55-30
1307 W. Sherwood Terrace 55-30
6615 Centerton 55-30
4930 Camden 55-30
2929 Goshen 55-30
1131 E. Wallace 55-30
3939 Wells 55-30
NE corner Masterson S, Clinton-5S-30
5620 Roaring Fork 58-24
5612 Roaring Fork 58-24
1618 Shoreview Drive 58-24
5716 Chester Boulevard 58-24
4830 Smith Street 58-24
5615 Dartmouth 58-24
2226-28 Versailles Village 58-24
301 N. Clinton 58-24
1817 Spy Run 58-24
7501 Lakeridge Dr. 58-24
3629 Hike Lane 65-41
5009 Indiana 65-41
2323-25 Miner 65-41
324 E. State 65-41
5611 Illinois Road 65-41
6610 Mutual Drive 65-41
3512 Cavalier Drive 65-41
6019 Illinois Road 65-41
3125 Hobson Road 65-41
5104 N. Clinton 65-41
5611 Illinois Road 65-41
6323 Neighbor Drive 70-25
6311 Neighbor Drive 70-25
6316 Neighbor Drive 70-25
6322 Neighbor Drive 70-25
2821 Stanford 70-25
6232 Neighbor Drive 70-25
1628 Briar Fence Lane 70-25
2350 South Harrison 70-25
1720 Briar Fence Lane 70-25
1811 Briar Fence Lane 70-25
1723 Briar Fence Lane 70-25
5520 Breconshire Drive 70-25
1820 Briar Fence Lane 70-25
1622 Briar Fence Lane 70-25
DRIVEWAY APPLICATIONS - continued
1823 Briar Fence Lane 70-25
6322 Kiwanis Drive 70-25
6329 Kiwanis Drive 70-25
1627 Cherokee Road 70-25
4415 Pembroke 70-25
1021 S. Clinton 70-25
904 W. State 70-25
1819 S. Calhoun 70-25
3529 Lake 70-25
4740 Coldwater 70-25
4101-09 W. Jefferson 70-25
1615 E. Wallace 70-25
1515 Clay Street 70-25
2725 Independence 70-25
1528 Forest Park Blvd. 70-25
215 Edgewood 74-19
1025 Easton Trial 74-19
5410 Stone Creek Trail 74-19
3838 N. Washington 74-19
200 blk. of Douglas 74-19
4410 Wayne Trace 74-19
2123 Taylor 74-19
1825 Goshen 77-31
1608 Rumsey 77-31
1621 Bardsley Lane 77-31
403 Greenlawn 77-31
2725 Maumee 77-31
4322 Stoney Run 83-28
6222 Kiwanis 83-28
6228 Kiwanis 83-28
7712 Bridgewater 83-28
3404 Clermont 83-28
2803 Maplecrest Road 83-28
3217 E. Washington Blvd. 83-28
232 E. Pettit 83-28
6203 Fairfield 83-28
3714 Lake Avenue 83-28
3503 Courtwood 83-28
3222 Chancellor 83-28
2024 Poinsette 87-22
2720 Engle Road 87-22
1804 Frenchraans Crossing 87-22
966 E. Cook Road 87-22
2410 KnoUwood Court 87-22
2404 Knollwood Court 87-22
7030 Ordway Drive 87-22
6915 Ordway Drive 87-22
2531 Knollridge Drive 87-22
Hillock Court 87-22
2404 Hillock Court 87-22
2625 Knollridge 87-22
2616 Knollridge 87-22
2610 Knollridge 87-22
2709 Mounded Court 87-22
2614 Mounded Court 87-22
2525 Knollridge Drive 87-22
7022 Ordway 87-22
734 W. Washington 87-22
Evard Road 87-22
6310 Illinois Road 87-22
122 Trick Avenue 96-17
1307 Lynn Avenue 96-17
6510 Bristol 96-17
2820 Overlook 96-17
2308 S. Hanna 96-17
1131 Louisdale 96-17
3216 River Forest ' 96-17
1305 Normandale 96-17
1304 Normandale 96-17
5123 South Webster 96-17
5906 Arlene 96-17
3114 Dexter 96-17
1524 Rapids Way 96-17
1512 Rapids Way 96-17
1212 Shoreview Drive 96-17
1612 Shoreview Drive 96-17
3501 Harris Road 96-17
1226 S. Anthony 96-17
2705 Camino 96-17
1951 Griswold 96-17
2803 Maplecrest Road 96-17
1411 Runnion 105-28
Old Mill Road 105-28
3115 Independence 105-28
3114 Independence 105-28
2229 South Anthony 105-28
2827 Autumn Leaf Lane 105-28
2326 Oliver 105-28
2707 Lofty Drive 105-28
6930 River Haze Road 105-28
4221 Castell Drive 105-28
River Forest 105-28
4302 Arlington 112-29
3010 Independence Drive 112-29
Ley Rd. @ R.R. Tracks 112-29
4740 Coldwater Road 127-72
2841 East State 127-72
317 Hovan Drive 127-72
4501 Earth Drive 127-72
3504 South Calhoun 127-72
2123 Lincoln Way 127-72
Glenbrook Square 127-72
210 E. Jefferson 127-72
3710-14 N. Clinton 127-72
3325 Broadway 127-72
3515 Lake Avenue 127-72
1229 E. Wallace 127-72
3504 S. Calhoun 127-72
3710 N. Clinton 127-72
1601 Benham 127-72
1529 Benham 127-72
1515 Benham 127-72
1516 River Run Court 127-72
1510 River Run Court 127-72
1523 River Run Court 127-72
1516 Clearwater Lane 127-72
5329 Inland Trail 128-72
833 Easton Trail 128-72
1824 Frenchmans Crossing 128-72
1716 River Run Trail 128-72
5315 IVhitewater Pass 128-72
3329 St. Croix Drive 128-72
3528 Kirkfield 128-72
1038 Easton Trail 128-72
7501 Bridgewater Drive 128-72
1504 River Run Court 128-72
5217 Inland Trail 128-72
5405 Cove Court 128-72
5211 Inland Trail 128-72
1531 Channel Court 128-72
6317 Kiwanis Drive 128-72
2020 Cambridge 128-72
1611 River Run Trail 128-72
5417 Stonecreek Trail 128-72
4112 Hiawatha 128-72
1619 Briar Fence Lane 128-72
1624 Channel Place 128-72
7809 Stonewall Run 128-72
7820 Stonewall Run 128-72
1226 Lynn Avenue 131-25
1125 Easton Trail 131-25
7424 Stonewall Run 131-25
7707 Stonewall Run 131-25
5327 Stonecreek 131-25
1614 River Run 131-25
5328 Inland Trail 131-25
816 Catalina 131-25
5201 Camden Drive 131-25
405 Lower Huntington Road 131-25
8607 Temple 131-25
1900 Carew 131-25
3000 E. State 131-25
1529 Third Street 131-25
EASEMENTS
Partial release of easement, INDUSTRIAL ENGINEERING 60-15
NIPSCO #3593-A 60-18
NIPSCO (lU-PU - Coliseum Right-of-Way) 82-19
WOODBRIDGE APARTMENTS OF FORT WAYNE II 134-14
ENCROACHMENTS
S. 5 M. HUGHES for 815 Francis 10-14
ALTER BROS, for 502 E. Wayne 12-16
L.W. DANT for sign 14-12
Y.M.C.A. for 226 E. Washington 17-15
H. § E.H. GRIFFITH for Jefferson Pharmacy 17-15
SHIDLER REALTY for Clay § Berry 17-15
J.D. ADAMS for 1333 Maple 43-9
FORT WAYNE AUTO PARTS for fence at 3601 Maumee 64-30
BTS REALTY for 1721 Calhoun (sign) 76-20
D. § E. MEYERS, for 3414 N. Clinton 82-16
HBC CORPORATION for Harrison Street 82-17
MISCELLANEOUS
PITOMETER STUDY 1-8, 16-14, 18-4, 28-4, 28-7, 38-5
38-6, 50-5, 63-14, 100-15, 119-15
EMA COMPUTERIZATION 1-9, 14-8, 21-2, 83-8, 57-3
57-4, 75-6, 85-9, 100-15, 119-13
75-150-2 SUMMIT PARK 1-10, 12-11, 19-21, 21-4, 28-11, 46-3
54-11, 63-15, 64-24, 77-24, 88-4
ARCHRONICS, use of space study 2-17, 89-18
CM. P. repair under clay dike on Mechanic 2-23
HOWARD NEEDLES TAMMEN § BERGENDOFF updating WPC Plant 3-24, 18-3, 73-6, 90-27
Stream gaging station on ST. JOSEPH RIVER 4-8
CLYDE WILLIAMS for lighting study of Coliseum Blvd. 4-9, 86-12, 86-14, 141-10
THREE RIVERS BARRICADE for St. Joe Blvd. dike 5-11, 49-1
CITY UTILITY for St. Joe/Bluffton/Maplecrest 5-12, 16-2, 28-12
69-11, 82-10, 89-14
RIETH-RILEY invoice 5-14
GIBSON-TOURNEY- KIM for parking plaza 8-15
MCNAMEE, PORTER § SEELEY - Optimization Study 9-4, 18-5, 57-6, 81-7
EARTH CONSTRUCTION invoice for Mpalecrest Rd. Extension 9-5
CITY UTILITY invoice for Rudisill-Bluffton 9-6
STREET ENG. invoices for CD§P projects 12-4, 44-4, 86-13, 141-9, 141-11
DAILEY invoice for Illinois-Thompson Rds . 14-16
JIM SCOTT for special services rendered to City Utilities 15-24
G. § M. SHODA for Maplewood Utility Easement 19-16
BERCOT, INC. invoice for Lake Forest, Phase II 23-1
JOHN MCINTYRE for time extension re: Lincolndale 21-10
MCNARY PAINT for bench placements 21-11
MF 568(2) BONAR for State (Reed-Lehmeyer) 23-2, 32-11, 107-10, 114-9
HNTB for Sludge Handling Facilities 23-8, 75-7, 85-7
Invoice from T-G EXCAVATING 28-6
MF 568(3) BONAR for Hobson/E. State 28-13, 95-5
RRP-F392(1) LINDENIVOOD R.R. project 29-15, 69-18
ARE INC. for Pavement Management System---29-16, 57-1, 57-2, 88-8, 90-26, 124-20
MISCELLANEOUS - continued
CLYDE WILLIAMS for rerouting of GM water mains 32-6, 92-8
TECHNICAL SERVICES invoices 36-8, 69-10, 95-6, 124-17
124-18, 137-8, 137-9, 138-10
MF 312(1) CRESCENT AVENUE IMPROVEMENTS 31-10, 50-6
M. 6 J. COLEMAN time extension request re: Lincolndale 32-12
TRANE CO. for proposed sale of site at SW corner of Main 5 Clay 32-13
WATER/SEWER rate fees 39-11
TIMOTHY S. HARRIS time extension request for sewer connection 39-12
COMMUNITY ACTION OF NORTHEAST INDIANA for monetary assistance 40-20
WPC request for pumps from TRI -RIVER TRACTOR 40-21
QUARTER CENTURY CLUB Annual Dinner Meeting 43-16, 53-9
TRIER ROAD MEDICAL CENTER sewer reimbursement 44-5
MF 808(1) BONAR for Bluffton Road 46-5
TOMCO for flood damage repair at 320-325 W. Superior 46-6
ALLEN COUNTY REGIONAL SEWER DISTRICT BOARD financial request 47-15
SHAMBAUGH § SON request for financial assistance 47-16
SHAMBAUGH for deferrment of sewer assessment on Cook Road 49-9
STEPHEN GAYDAY for time extension request 54-23
R.L. THOMPSON for services to City Utilities 55-27
R.L. THOMPSON for services re: I 6 M rates 55-28
ELMER MACKE for rate change per acre in Pine Valley area 58-23
Invoice from CONTROLLER to reimburse funds to City Utilities 59-2
H.T. § R.C. TILLOTSON for time extension for sewer connection 60-13, 86-15
CONRAIL re: Fourth St. Sewer Crossing 64-33
Open proposal for WEST NEBRASKA § MAIN ST. FIRE STATION 68-2, 85-4, 88-2
Sale of Robinson Park to NORTHILL DEVELOPMENT 72-1, 111-20
CEDAR CREEK DEVELOPERS re: sewer assessments 74-13, 76-18
D.J. § M. GRABER re: assessment fees 74-14
KYLE CHEN for operation of sidewalk cafe during 3 Rivers Festival 83-22
BUS HUTS for location sites 86-16, 120-27
WATER ENG. recommending ECONOMIC DEVELOPMENT to explore resources for water exten-
sion to Indiana Die Molding 94-27
CITY UTILITIES invoices to be paid from LOCAL ROAD 5 STREET FUNDS 100-19
S.E. JOHNSON proposal for manhole castings on Clinton 101-26
MCNAMEE, PORTER § SEELEY re: fountain improvements 101-27
EMERY WORLDWIDE for Infrastructure Management System 103-6
WPC UTILITY General Rules § Regulations 104-20
Inquiry from C. DOWNEY re: Enforcement of Taxi Ordinance 112-25
Sale of City Property at 1423 Dubois 122-2, 137-2
Letter of proposal from BONAR re: survey 6 staking of St. Joe Road 125-33
MF 072(2) ST. JOE RIGHT-OF-WAY 128-73, 128-75
MILEY ASPHALT invoice 129-10
MISCELLANEOUS - continued
Request from NORTHEASTERN CORP . that City honor land use S sidewalk master pi
for Lincoln Village Project as approved by ALLEN CO. PLAN COMMISSION 13
Request from CD§P for funding for Self-Help Bonus Improvements 13
PERMITS
SPECIAL STREET PERMITS
BRECONSHIRE, PHASE II ^^'^
CENTENNIAL INDUSTRIAL PARK V (Corrinado Court) 47-11
CENTENNIAL INDUSTRIAL PARK V (Camino) 47-12
SENECCA HILLS, SECTION VI ''^-^2
OPPORTUNITY DRIVE 90-iO
GEORGETOWN PLACE 103-10
CENTENNIAL PARK SECTION VI (Cannongate § Cannonball DrsO 114-22
CENTENNIAL PARK SECTION VI (Caprice, Clairmont § Conestoga) 114-23
WASHINGTON CENTER PARK, CHALLENGER PARKWAY 124-9, 114-24
ARDMORE AVENUE 120-28
WOODBRIDGE APTS. (River Run Trail) 134-9
BAER FIELD OFFICE PARK 134-10
GARDEN PERMITS
HOWARD S ILLEANE LECLAIRE for 1015 N. Anthony
WALTER § HELEN B FOSTER for 1011 N. Anthony--'
JOSEPH HAIFLEY for 1001 N. Anthony
TAXI CAB PERMIT APPLICATIONS
Approved 40 driver's applications, denied one application, reviewed one applica-
tion, and approved three company applications 59-5
Approved 5 applications and reviewed 1 appeal 74-18
Approved 1 application and denied 1 application 77-26
Approved 1 application and denied 1 application 79-12
Approved 5 applications and denied 2 applications 83-27
Approved 7 applications 90-33
Approved 2 applications 96-16
Approved 4 applications 104-18
Approved 2 applications 112-13
Approved 1 application 121-45
Approved 2 applications 128-75
Approved 3 applications 130-23
Approved 1 application 135-22
Approved 1 application, reviewed 1 application 138-22
Approved 3 applications 141-18
PETITIONS
PETITIONS - STREETS, SIDEWALKS, CURBS, DRIVEWAYS, ETC.
DANNER DRIVE, street, curbs, sidewalks, ornamental lighting 5-17
2914 SHERBORNE, curbs and sidewalks 16-11
217 E. BRANNING, curbs and sidewalks 19-12
430 LENNOX, sidewalks 22-14
1323 N. ANTHONY, sidewalks 22-14
4201 FAIRFIELD AVENUE, sidewalks 29-17
2809 CAPITOL, sidewalks and curbs 29-17
2926 SHADY OAK, repair and replacement of sidewalks 36-11
1213 HUFFMAN, repair and/or replacement of sidewalks 39-14
WEBSTER § OAKDALE, curbs and sidewalks 43-14
300 blk. of FRENCH AVENUE, curbs and sidewalks 43-14
PENMOKEN, resurfacing 43-15
1000 SCHICK, sidewalks and repair of alley entrance 44-10
HOLLIS LANE, sidewalks, curbs and repaving 55-29
BURNS BOULEVARD, sidewalks, curbs and repaving 55-29
4811 § 4803 EASTIVICK, repair and/or replacement of sidewalks 55-29
PURSLEY (Fairfield-Calhoun), sidewalks, curbs, and repaving 55-29
CALHOUN (Sherwood Terrace- Fleming) , sidewalks replacement 59-11
3632 SOUTH HARRISON, repair and/or replacement of sidewalks 70-20
2601 INDIANA AVENUE, repair and/or replacement of sidewalks 77-28
3914 DALEWOOD, repair and replacement of curbs 90-31
4015 OLD MILL ROAD, repair and replacement of sidewalks 93-25
WIN AVENUE, street improvement 93-26
1517 SPRING, sidewalks 96-13
1725 E. WAYNE, sidewalks § curbs 96-14
PETITIONS - STREETS, SIDEWALKS, CURBS, DRIVEWAYS. ETC. - continued
Lots 34 5 35 east of CLINTON, curbs 101-32
2707 FAIRFAX, curbs 128-76
1100-1200 OAKDALE (Broadway- Beaver) , curbs sidewalks, § street lights 134-17
PETITIONS - MISCELLANEOUS
Left hand turn lanes CLINTON 6 WASHINGTON CENTER ROAD 55-29
Sidewalks § protective barrier on MILDRED 65-37
No parking zone, S side of 100 blk. of W. MASTERSON 77-30
Guardrail at corner of BRACKENRIDGE § FAIRFIELD 130-22
PETITIONS - SEWERS
WADDINGTON ROAD 14-13
SHERIDAN ROAD 43-12
WAYNE TRACE/GRETNA AVE. Sanitary 44-9
HOLLIS LANE 55-29
BURNS CFairfield-Calhoun) Storm 55-29
PURSLEY (Fairfield-Calhoun) Storm 55-29
Side ditches for 5614 SANDRA LEE 70-21
WESTBURY (Engle-Ardmore) 78-7
6024 WAYNE TRACE--- 78-8
AIRLINE S PREMIERE drainage 90-32
MCMILLEN PARK 101-32
5003 HATFIELD ROAD 104-15
FERNWOOD § DALEVIEW 121-42
Relief Sewer on TECUMSEH 128-76
PETITIONS - STREET LIGHTING
PEARL (Webster-Ewing) 2-16, 127-60
700 blk. of HOFER 16-12
5101-5135 OLIVER 21-12
KINSMOOR (Brooklyn-Ozark) 21-12
SCHILLING (Sine lair- Second St.) 29-18
1 pole light § 1 alley lights on 4100 blk of WARSAW 36-10
DECATUR ROAD (Lafayette-Paulding) 43-13
SHADY COURT 43-13
1451-1521 E. PETTIT 56-31
NORTH WELLS (State-Franke) 56-31
On existing pole at 4305 WAYNE TRACE 58-16
ROLLING ROSE (Standard) 74-17
Street S alley lighting at FAIRFAX § HOLTON 74-17
PAULDING ROAD (Standard) 74-17
ANTOINETTE to Anthony 77-27
South side of VERNON (Forest Park-alley) 77-27
GRANT AVENUE (Winch-R.R.) 78-9
PHILLIP WAY (Inwood-Glencairn) 93-24
3808-3816 OAK PARK 103-14
WESTMOOR PARK EXTENDED 103-14, 125-34
SANIBEL ACRES 103-14
BURGESS § WINDOM 112-24
EILEEN STREET (Ornamental) 114-25
BOWSER AVENUE (Standard) 115-27
1831 DOMINION 121-40
DALEVUE 121-41
3800 BARR STREET 125-35
Behind 1328 MICHIGAN 125-36
BUTLER COURT 125-37
6025 SOUTH CALHOUN 125-38
329 BRACKENRIDGE 125-39
353 BUTLER 126-40
4300 SOUTH MONROE 126-41
1109-1111 LIBERTY 126-42
2613 PITTSBURG 126-43
200 blks. of WOODLAND § SUTTENFIELD 126-44
3900 BUELL 126-45
1122-1118 WILDWOOD 126-46
RIVERMET (St. Joe-Dearborn) 126-47
2102-2106 COZY COURT 126-48
3422 INDIANA 126-49
443 KINNAIRD 126-50
6200 CHADDSFORD DRIVE 126-51
441 BRANNING 126-52
419 E. PETTIT 126-53
5817 MONARCH 126-54
1220 E. PONTIAC 126-56
5123-5115 STANDISH 127-58
PETITIONS - STREET LIGHTING - continued
OLIVER (Colerick-Eckart} 127-59
Alley light behind 4118-4132 WARSAW 127-61
Alley light behind LUTHER STREET 127-63
2423 PRINCETON 127-65
HILLSIDE (Forest-McDougal) 127-66
Alley behind 1532 ROSEMONT 127-67
WEST STATE (N. Highland-Edith) 127-68
Front of 2102 HENSCH 127-69
GREENVIEW AVENUE 128-76
Front of 2417 EDSALL 128-76
MCMILLEN (Ornamental) 130-22
MONROE STREET 141-17
PETITIONS - WATER
ST. JOE TOWNSHIP requesting 5 fire hydrants 10-13
Water main extension, INWOOD DRIVE (Lake-Lakeside Golf Course) 14-5
Water main on GARDEN PARK DRIVE (Clinton-terminus) 26-12
CONCORDIA GARDENS (Deerwood-Mohawk) 55-29
TYLER AVENUE (to main on Princton) 63-35, 74-16
LUDWIG PARK DRIVE 64-35
4100 blk. of ARDMORE (Engle-Westbury) 65-36, 82-21
CONCORDIA GARDENS (Otsego Drive) 74-15
ST. JOE ROAD (DeRome-S lot line of 7003 St. Joe Road) 74-15
ENCANTO WAY 77-29
CONCORDIA GARDENS (Riverton Drive) 77-29
GARDENDALE ADDITION 96-15
WAYNE TRACE (Fleming-Bueter) 101-32
Water line to INDIANA DIE MOLDING 120-38
PLATS
MONTROSE SQUARE 5-23
POPLAR RIDGE 18-8
SAWMILL WOODS, SECTION V 60-16
COOK ROAD § INDUSTRIAL PARK, SECTION I 64-31
GEORGETOWN PLACE, SECTION I § II Subdivisions 70-26
Replat of WOODLANDS OF RIVERSIDE 93-23
RESOLUTIONS
RESOLUTIONS - STREETS, SIDEWALKS, ALLEYS, DRIVEWAYS, ETC.
5989-83 BARR STREET IMPROVEMENT 100-13, 100-14, 101-28, 101-29
6013- 85 HISTORICAL MUSEUM ENTRANCES 9-7, 51-10
6014- 85 HOAGLAND/MASTERSON '85 73-7, 78-8
6016- 85 PONTIAC PLACE NSA 2-20
6017- 85 LYNN AVENUE, PHASE I-A 3-24
6018- 85 LYNN AVENUE, PHASE I-B 69-12, 73-9, 120-30
6019- 85 BEACON STREET (Lake-State) 29-19, 93-15, 120-29
6021- 85 MAPLECREST ROAD 19-19, 64-22, 93-12, 93-14
99-6, 119-15, 'l21-14
6022- 85 HANNA-CREIGHTON, PHASE IV 7-8, 7-10, 14-7, 78-6
6025-85 CBD RESURFACING 4-10, 89-10, 90-23, 111-15
6027-85 1985 ASPHALT RESURFACING 2-11
6029- 85 ASPHALT RESURFACING, PACKAGE II 2-15, 82-11
6030- 85 E. WASHINGTON TURN LANES 74-11
6031- 85 FAIRFIELD NSA, PHASE 1 3_26, 13-5, 42-4, 89-9
6032- 85 ASPHALT RESURFACING, PACKAGE III 75-8, 76-16
6033- 85 TREE REMOVAL FROM DIKE 2-22
6035- 85 SPY RUN NSA '85 15-21, 42-3, 85-10
6036- 85 MAUMEE RIVER BANK RESTORATION 32-7, 49-2, 64-29, 85-8
RESOLUTIONS - STREETS, SIDEWALKS, ALLEYS, DRIVEWAYS, ETC. - continued
6037- 86 PONTIAC PLACE '86 35-1, 39-17, 78-5, 119-10, 130-13
6038- 86 HANNA-CREIGHTON '86 35-2, 39-18, 130-12
6039- 86 HOAGLAND/MASTERSON NPI '86 19-14, 27-1, 33-14, 46-1, 85-3, 123-7
6041- 86 OXFORD NPI '86 19-15, 27-2, 30-1, 63-6, 63-7, 107-7, 107-8
6042- 86 MICHIGAN AVE. '86 28-2, 38-1, 75-9, 75-10, 89-13, 89-15
6043- 86 FAIRFIELD AVE. '86 28-9, 38-2, 124-14, 140-5
6044- 86 WELLS STREET REVITALIZATION 28-10, 38-3, 41-1
6045- 86 1986 ASPHALT RESURFACING, PKG. I 54-13, 62-3, 68-3
99-7, 111-14, 124-15
6046- 86 ASPHALTS RESURFACING, PACKAGE II 54-14, 62-4, 68-4, 130-19
6047- 86 ASPHALT RESURFACING, PACKAGE III 54-15, 62-5, 68-5, 100-9
6048- 86 HEADWALL 5 BACKIVATER GATE @ GUBER DITCH 57-9, 73-1, 77-25, 119-14
6049- 86 PARNELL AVE. WIDENING 65-42, 75-1, 93-13, 103-8
6050- 86 HURSHTOWN RESERVOIR RECREATIONAL FACILITY PHASE I 75-2
6051- 86 CLINTON STREET CLeith-Wildwood) 76-17, 82-18, 100-8, 107-9, 111-16
6052- 86 S. CLINTON [Rudisill-McKinnie) 86-21 , 107-11, 124-11 , 130-14
6053- 86 PLANEVIEW-HEINY DRIVE 95-10, 106-3, 110-5
6054- 86 PLAZA/CENTRAL 101-31- 113-2, 118-6
6055- 86 PARNELL AVE. (W. State-Vance] 104-26, 113-3, 118-7
6056- 86 DELAWARE-TECUMSEH 103-13, 113-4, 119-8
6057- 86 KIRKWOOD PARK 104-27, 113-5, 119-9
6058- 86 PIQUA (Wildwood-Clinton) Sidewalks 107-13, 118-1, 123-3
6059- 86 MADISON 6 HANNA (curbs § walks] 107-14, 118-2, 123-4
6060- 86 ARCHER AVENUE (curbs) 107-15, 118-3, 123-5
6061- 86 LUTHER (sidewalks § drives) 107-16, 118-4, 123-6
6062- 86 ASPHALT RESURFACING, PACKAGE IV 138-20
RESOLUTIONS - DECLARATORY
1443-86 Condemnation of Right-of-Way on BURMA ROAD 47-14
RESOLUTIONS - EMERGENCY
76-60-17 Pavement blow-up ILLINOIS @ GETZ RD. 60-17
76-78-1 Pavement blow-up 5200 blk. of N. CLINTON 78-lOa, 90-24
101-22, 111-17
76-84-1 Pavement blow-up at 5717 S. ANTHONY 84-1, 80-11, 100-21
76-84-2 Pavement blow-up 900 blk. of E. PAULDING 84-2, 89-12, 100-20
76-86-11 Pavement blow-up 6600 N. CLINTON 86-11, 92-10, 101-23
76-102-1 Repair damage to FILL TANKS 102-1
76-117-1 Inspection of #9 HIGH SERVICE PUMP ? Filtration Plant 117-1
RESOLUTIONS - MISCELLANEOUS
COMCAST - CITIZENS CABLE Franchise ^"^4
Waiving of connection fees in PARKVIEW ADD., A, B, 6 C lO-l'
Heliport 6 Safety Net over sidewalk 1? ST. JOSEPH HOSPITAL 22-13, 47-17
Revision of Specified Non-recurring Charges for WATER UTILITIES 64-32
RESOLUTIONS - MISCELLANEOUS - continued
Cosette R. Simon authorized signatory for USEPA GRANTS 100-10
Right-of-Way amenities, corner of WEBSTER § WEST BERRY 104-16
Designation of J. JAMES HALEY as Board representative to' Plan Commission--104-21
PARK CENTER for real estate lease 105-30
ALLEN COUNTY DRAINAGE BOARD re: Lawrence Ditch 108-17
Reduction of fees for SENIOR CITIZENS re: Remote meters 124-10
Transfer of property to REDEVELOPMENT COMMISSION 138-13, 139-25
Improvement Resolution for demolition of HANNA SCHOOL BUILDING 138-21
RESOLUTIONS - SEWERS
325-83 ELKRIDGE ADDITION SANITARY SEWER 134-19
395-83 SSES SUBSYSTEMS DS, ES, GS, KS--1-6, 11-10, 23-5, 36-7, 49-3, 63-9, 88-5
402- 84 ST. JOE RD. PUMP STA. ELIMINATION 14-10, 42-5, 59-9, 95-1, 124-13
403- 84 LATHROP STREET 78-10, 133-5
404- 84 WINCHESTER ROAD 6-1, 10-11, 17-14, 19-18
407- 85 SW INTERCEPTOR PHASE VII 2-18, 2-19, 21-1, 59-8, 59-9
63-8, 64-28, 83-24, 89-16, 124-12
408- 85 SW INTERCEPTOR S-2 1-7, 7-2, 13-4, 50-7, 54-18, 57-8, 63-12, 63-13
68-6, 69-7, 73-5, 76-13, 76-23, 92-5, 92-6, 92-7, 99-3
99-5, 119-17, 119-20, 119-21, 125-35, 134-20
410-85 EVARD ROAD OVERFLOW 9-3, 15-20
413- 85 INDUSTRIAL- LEY ROAD 66-2, 68-1, 91-1, 98-1, 133-1
414- 85 SPY RUN NSA '85 49-4, 59-6, 130-11
415- 85 E. STATE EVANGEL ASSEMBLY OF GOD LIFT STA. 5-13, 16-10, 23-1, 129-6
416- 85 PAULDING -DECATUR (amended) 5-18, 13-1, 16-1, 45-13, 50-8
417- 85 WOODHURST-BELMONT PHASE I 5-19, 31-1, 39-16, 70-22, 76-22, 140-2
418- 85 ANDERSON AVE. STORM 5-20, 31-2, 35-4
419- 85 PROSPECT AVE. STORM 5-21, 31-3, 36-5, 70-23, 129-7, 129-8
420- 86 MIAMI VILLAGE 14-11, 28-14, 42-1, 44-1, 59-1, 78-1, 103-4, 137-4
421- 86 OSWEGO SANITARY 39-15, 62-2, 67-1, 137-3
422- 86 COURTYARDS SANITARY § STORM 64-23, 85-1, 88-3, 115-30
423- 86 PIERSON DITCH 93-20, 103-1, 107-5, 133-6
424- 85 LAFAYETTE CTR./ABOITE RD. 95-7, 107-4, 112-27, 116-2
425- 86 LAWRENCE DRAIN 93-15, 113-1, 118-5, 141-12
426- 86 CONCORDIA GARDENS 104-24, 123-2, 129-1
895- 85 ILLINOIS ROAD 54-12, 61-1, 71-2, 85-5, 90-28, 97-1, 110-1, 113-6
896- 85 MCKINNIE-SENATE 25-1, 34-1, 40-22, 45-11, 50-2, 53-1 , 129-9
897- 85 ST. JOE-ST. JOE CTR. RD. SANITARY 3-31, 53-5, 58-13, 71-1, 134-18
898- 85 DOENGES DRIVE SANITARY 9-1, 15-25, 140-3
899- 86 LUDWIG CIRCLE SANITARY 16-9, 36-9, 37-15, 48-1, 52-1, 62-1, 69-17
900- 86 EASTLAND GARDENS 89-20, 94-29, 97-2, 115-29
902- 86 MARTIN LUTHER SANITARY 69-15, 80-1
903- 86 E. COOK RD. SANITARY EXTENSION 104-1 , 123-1, 129-2
RESOLUTIONS - STREET LIGHTING
180- 86 WHEATRIDGE ADDITION, SECTION I (Ornamental) 57-10, 66-1, 81-1, 85-2
181- 86 MAINTENANCE CONTRACT 88-1, 92-1
182- 86 WESnVOOD VALLEY ADDITION 120-25
RESOLUTIONS/CONTRACTS - WATER
83- XP-5 CENTENNIAL INDUSTRIAL PARK, SECTION III 44-7
85-XP-l MOELLER-MEYER ROADS 88-20
85-XP-2 DALMAN-SMITH FEEDER MAIN 3,28, 15-22, 19-13, 23-5, 33-15, 53-3, 95-2
85-XP-3 FERGUSON ROAD 4-1, 4-5, 4-6
85-XP-4 INDIANAPOLIS ROAD FEEDER MAIN 1-4, 23-4, 32-5, 32-9, 73-4
81-5, 82-12, 82-14, 82-15, 85-6
85-XP-5 INDIANAPOLIS/LAFAYETTE/FREIGHTNER 7-7, 14-6, 23-3, 124-19
85-XP-6 G.M. ON-SITE FEEDER MAIN 3-29, 3-32, 7-9, 76-14
85-XP-7 NORTH AMERICAN VAN LINES 1-5, 16-5, 110-6, 111-13, 112-28
85-XP-8 ST. JOE CENTER FEEDER MAIN 57-7
85- XP-9 ARDMORE WATER MAIN 18-2, 28-5, 45-2, 82-13, 114-8
86- XP-l HOAGLAND AVE. WATER MAIN 45-12, 50-4, 53-2, 114-11, 133-2
86-XP-2 W. JEFFERSON WATER MAIN 45-12, 50-3, 51-20, 100-17, 104-22
86-XP-3 CLINTON PARK 99-1, 103-2, 107-6
86-XP-4 WALLEN/COLDWATER 95-9, 106-1, 110-3
85- XP-5 ARDMORE (Engle-Westbury) 99-2, 103-3
86- XP-6 NEWAYGO/PRODUCTIONS ROAD 95-8, 106-2, 110-4
84- W-2 NORTHIVEST PUMP STATION 44-2, 45-14
85- W-l SOUTHWEST RESERVOIR 1-3, 7-4, 23-7, 51-11, 90-21, 92-11, 100-11
85-W-2 SOUTHIVEST PUMP STATION 12-13, 23-7, 45-12, 51-11, 57-5
75-5, 79-11, 81-4, 100-18
85-W-3 G.M. ELEVATED TANK 2-21, 3-27, 4-7, 7-5, 7-6, 13-3, 16-3
28-3, 44-3, 41-13, 51-14, 53-6, 54-19, 63-10
63-11, 73-2, 73-3, 78-2, 81-3, 95-3, 119-18
85-W-4 REDWOOD-CHESTNUT WATER TOWER 12-12, 51-12, 115-26
85- W-5 MAPLECREST ROAD 11-1, 35-3, 42-3, 95-4, 125-31, 140-5
86- W-l WATERWORKS PARK FOUNTAIN 5-22, 13-2
86-W-2 WATERWORKS PARK CONFLUENCE DREDGING 18-1, 19-20, 44-4, 53-10, 59-7
1028-83 NORWOOD-HOUSER 134-15
1032- 84 LUDWIG PARK DRIVE 10-16, 21-7, 53-4
1033- 86 MCKINNIE-SENATE 34-2, 40-23, 45-11, 50-1, 119-19
1034- 86 INWOOD DRIVE 107-2, 116-1, 121-43
1035- 86 GARDEN PARK DRIVE 119-22, 132-1
1036- 86 LUDWIG PARK DRIVE 74-12, 119-23, 136-1
1034-86 PROVINCE/RIVER PARK DRIVE 120-24, 136-2
85- 01 CORLINE-MONTEREY 81-6, 86-20, 112-27, 114-20, 114-12
86- 04 KIRKWOOD PARK 119-22, 132-1
86-05 SERVICE TAP INSTALLATIONS 1^7-1
86-06 KIRKWOOD PARK, PHASE II 1*"^"^
7722 CONCORD HILLS ADDITION, SECTION I ^^^'lo
7909 WOODLAND OF RIVERSIDE ^^' 2
8406 HACIENDA VILLAGE 7-1, 7-3, 16-6
8508A SAIVMILL WOODS, SECTION IV -^"^
8508B WINTERSET, SECTION IV 2-13
8510 GLENEAGLES ^^'^^'17 13
8517 BRECONSHIRE, PHASE II ^''^
RESOLUTIONS/CONTRACTS - WATER - continued
8518 SENECA HILLS, SECTION VI 43-7
8519 BAER FIELD OFFICE PARK 46-8
8520 CENTENNIAL PARK, SECTION V 110-8
8521 SCHOMBURY DELLS 18-9, 46-9
8601 MARATHON PETROLEUM CO. 58-19, 114-13
8602 ARLINGTON PARK, SEC. XVI 110-7
8603 SHIVE NURSING CENTERS (Georgetovm Place) 76-19
8604 WILLOW CREEK CROSSING, PHASE V § VI 47-20, 110-9
8605 BURLINGTON HEIGHTS 64-21, 121-39
8606 LINCOLN VILLAGE SECTION I 49-5, 83-25
8607 LINCOLN VILLAGE SECTION II 49-6, 134-15, 140-7
8608 LINCOLN VILLAGE SECTION III , 54-22
8609 IVHEATRIDGE, SECTION II 49-7, 111-10
8610 CONCORD HILLS, SECTION II 54-10, 83-26
8611 TANBARK TRAILS, SECTION III 54-21, 111-11, 119-12
8612 SAWMILL WOODS, SECTION V 60-12
8613 COOK ROAD INDUSTRIAL PARK 90-29
8615 SENECA HILLS, SECTION VI § VII 101-30
8616 WESTWOOD, NORTH 114-15
8617 ARLINGTON PARK, SECTION XVII 86-18
8619 CHADWICK 114-14
8620 WALLEN HILLS 114-16
8621 CAPRICE 5 CLAIRMONT COURTS (Cannongate-terminus) 120-37
8622 ARDMORE 125-29
8623 GEORGETOWN PLACE 125-30
8624 LAKES OF BUCKINGHAM S. SECTION III 134-13
8525 SUMMERFIELD SECTION IV 138-15
8626 SHANNONSIDE, SECTION II 138-16
SEWER EXTENSION
MEADOWBROOK DRIVE - SHEPHERD LANE 2-12
CENTENNIAL PARK, SECTION V 4-3
WAYNE HAVEN INDUSTRIAL PARK SANITARY 5-15
FORT WAYNE EDUCATIONAL FACILITY AUTO CENTER 9-2
ENGLERIDGE NORTH, SANITARY 9-8
WINTERSET STORM, SECTION IV 9-9, 10-10
FREEMAN STREET SANITARY 10-12
ARLINGTON PARK, SECTION VII, PHASE II 11-4
ARLINGTON PARK, SECTION XII, PHASE III 11-6, 11-7
RESIDENCE INN SANITARY SEWER 11-8
LUNiiivGuU, SECiiu.N ivi 14-9
ARLINGTON PARK, SECTION XVI 18-10
COLLEGE PARK CONDOMINIUMS, PHASE I 14-17
COLLEGE PARK CONDOMINIUMS, PHASE III 15-18
COLLEGE PARK CONDOMINIUMS, PHASE II 15-19
NORTHCREST BUSINESS CENTER SANITARY RELOCATION 16-7
MARATHON OIL (Spy Run Interceptor) 16-8
LINCOLN PARKWAY - HADLEY ROAD SANITARY 19-11
ARLINGTON PARK, SECTION XV 36-13
ARLINGTON PARK, SECTION XIV 37-14
LINCOLN VILLAGE, SECTION I 38-7
SAXTON RUN 39-8
WILLOW CREEK CROSSING, PHASE V 6 VI 43-7
OLD MAYSVILLE ROAD (Caribe Colony) 43-8
CONCORD HILLS, SECTION II, PHASE II 44-6
ITT ENGINEERING § ADMINISTRATIVE CENTER 46-10
RIDGEVIEW HEIGHTS BLOCK A 51-18
LINCOLN VILLAGE, SECTION II 51-16
TANBARK, SECTION III 51-17
LINCOLN VILLAGE, SECTION III 54-17
PARKERDALE DRIVE 54-26
WHEATRIDGE, SECTION II 58-15
COOK ROAD OFFICE PARK SANITARY 58-17
COOK ROAD OFFICE PARK STORM 58-18
SAWMILL WOODS, SECTION IV 58-21, 70-24
GRETNA AVENUE S9-4
PLANTATION SUPPLY COMPANY 59-10
SAWMILL WOODS, SECTION V 64-24
WESTIVOOD NORTH, SECTION I 76-21
SHAWNEE MIDDLE SCHOOL 83-23
SHIVE NURSING HOMES (Georgetown) 86-19
COMPLETE AUTO TRANSIT (Lafayette Center Road) 88-6
LONGWOOD, SECTION VI 88-19
GEORGETOWN ADDITION, Section I § II 90-25
PINE VALLEY COUNTY CLUB 101-24
GEORGETOWN CAR WASH 101-25, 111-19
BETTY AVENUE --103-11
MEADOWBROOK DRIVE 103-12
PARADISE CAFE 104-23
AIRPORT NORTH OFFICE PARK 108-18
SEWER EXTENSIONS - continued
WALLEN HILLS 111-18
DUPONT CROSSING 114-19
CHADWICK CONDOMINIUMS @ Maplecrest S Rothman 114-20
REDI-MED @ Coldwater 114-21
MONTROSE SQUARE APARTMENTS 120-31
ARDMORE AVENUE 120-33
STELLHORN VILLAGE SHOPPING CENTER 120-34
INDIANAPOLIS ROAD § HANGAR 45 125-22
LAKES OF BUCKINGHAM, SOUTH, SECTION III 125-23
LAKESIDE CHILD CARE CENTER 125-25
BRENTWOOD OFFICE PARK, Executive Center 125-26
SUMMERFIELD SECTION IV, storm S sanitary 125-27
SHANNONSIDE II 125-28
MILLER RIDGE, SECTION I 130-15
FRANKE PLATING 130-16
WINDSOR WOODS, Section III 138-17
"THE SHOPPES" 141-13
YARDLEY MANOR, SECTION II 141-14
PAPAGIANNIS (Goshen Road) 141-15
6648 MAPLECREST ROAD SANITARY 141-16
VACATIONS
76-1-1 C.H. KRAUS SHEET METAL for utility easement in Speedway Addition,
Section I 1-1
76-1-2 GERALD L. DORAN for portion of street in Vesey's Garden Add. 1-2
76-11-2 THOMAS BASSTRESS for utility easement in Enterprise Center 11-2
76-11-3 CITY PLAN for RR spur in Interstate Industrial Park 11-3
76-11-4 FOR WAYNE NODIZING for public alley on Wayne Trace 11-4
76-18-6 ST. JOHN THE BAPTIST CATHOLIC CHURCH for portion of Pasadena 18-6
76-39-9 FT. WAYNE BIBLE COLLEGE for utility easement in Wiebke's Homestead
Addition 39-9
76-S3-8 VARIOUS PETITIONERS for E-W alley, Glasgow § Grant 53-8
76-64-18 NOBLE MACHINERY for right-of-way on Gay Street 64-18, 65-38
76-64-19 Dedicated alley @ 1600 block of Tam Street 64-19
76-64-20 Portion of plat of Woodlands of Riverside 64-20
76-65-39 Part of Olney Park Subdivision 65-39
76-65-40 Dedicated plat in Woodlands of Riverside 65-40, 75-3
76-81-10 Dedicated plat in Olympia Heights 81-10
76-92-2 River Run Trail by WOODBRIDGE APARTMENTS 92-2
76-92-3 TEZHEEB H. JAFRI for portion of street in Wheatridge 92-3
76-92-4 CRAIG SHODA for utility easement in Sec. II, Papermill Bluff 92-4
76-123-8 KENNAN DEV. for alley between Lots 89 5 88 on Main Street 123-8
76-139-24 ST. JOSEPH HOSPITAL for part of Berry Street 139-24
76-140-4 ST. JOSEPH MEDICAL CENTER for part of Broadway 140-4
I
I
I
t
i
RESOLUTIONS OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, the Members of the Board of Public Works and
Safety of the City of Fort Wayne, Indiana (Board), and do hereby pass
the following resolutions at a meeting of the Board held this ^^J^^
day of (^atl-A !>M J , 1986.
BE IT RESOLVED, that the Board does hereby ratify,
authorize and approve the transfer of the real
estate noted on the attached Exhibit "A", made a
part hereof, to the Fort Wayne Redevelopment
Commission; and
BE IT FURTHER RESOLVED, that the Mayor and all of
the Board Members are hereby empowered and
authorized to execute all documents making such
conveyance .
IN WITNESS WHEREOF, these Resolutions have been passed this
^^ay of /V-^(rtAAjL^J , 1986.
BOARD OF PUBLIC WORKS AND SAFETY
tte R./ Sim
Director cxf
inistration and Finance
ATTEST:
Lawrence D. Consalvos
Director of Public Safety
Helen V. Gochenour, Clerk to the
Board of Public Works and Safety
ATTEST:
(SEAL)
SPECIAL MUNICIPAL WARRANTY DEED
THIS INDENTURE WITNESSETH, that the City of Fort Wayne, an
Indiana Municipal Corporation, of Allen County, State of Indiana,
does hereby convey and specially warrant to the City of Fort Wayne
for the use and benefit of its Department of Redevelopment, of Allen
County, Indiana, for and in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt whereof is
hereby acknowledged, the following described real estate in Allen
County in the State of Indiana, to-wit:
Lots #64 and #65 together with the vacated 10 foot alley
between said lots and part of Lot #66 all in the Final
Plat of the County Addition an Addition to the Town (now
City) of Fort Wayne as recorded in Plat Book 0 page 3.
ALSO Lot #272 and part of Lot #1 together with the vacated
10 foot alley between said lots all in the Final Plat of
Samuel Hanna's First Addition to the Town (now City) of
Fort Wayne, Indiana and more particularly described as
follows, to-wit:
BEGINNING at the Northeast corner of Lot #64 in the County
Addition said point marked by the center of a wrought iron
fence post set in ? concrete wall; thence West along the
North line of Lots #d4, 65 and 66 also being the South
right of way line of Berry Street a distance of 180.6 feet
to an iron pin set, said point being the Northeast corner
of a dedicated alley as recorded in Document Number
84-020566; thence South along the East line of said Alley
Dedication a distance of 130.0 feet to an iron pin set;
thence Southeasterly continuing along an Easterly line of
said alley a distance of 32.01 feet to an iron pin set on
the South line of Lot #1 in Samuel Hanna's First Addition,
said point located 74.4 feet East of the Southwest corner
of said Lot #1; thence East along the South line of Lot #1
and Lot #272 in said Samuel Hanna's First Addition a
distance of 155.85 feet measured to an iron pin found,
said point being the Southeast corner of said Lot #272;
thence North along the East line of said Lot #272 and the
East line of said Lot #64 in the County Addition a
distance of 150.0 feet to the point of beginning, con-
taining 0.62 acres of land more or less.
Subject to all easements and rights of way, visible and
recorded, restrictions and covenants of record and appli-
cable zoning laws.
Grantor herein certifies that no Indiana Gross Income Tax is
due and payable in respect to the transfer made by this deed.
Dated this Say of October, 1986.
THE CITY OF FORT WAYNE
Winfield C. Moses, Jr.,
its Mayor
ATTEST :
(SEAL)
BOARD OF PUBLIC WORKS AND SAFETY
nes Haley
Direi/tor of Public Work
Director of Administration and Fi
BY:
Lawrence D. Consalvos
Director of Public Safety
STATE OF INDIANA )
) SS:
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public in and for said
County and State, thi s ^^-^'^day of October, 1986, personally
appeared Winfield C. Moses, Jr., and Sandra E. Kennedy, tv Mayor
and the City Clerk, respectively, of the City of Fort Wayne, and H.
James Haley, Cosette R. Simon, and Lawrence D. Consalvos, Director
of Public Works, Director of Administration and Finance, and Director
of Public Safety, respectively, of the Board of Public Works and
Safety to the City of Fort Wayne, Grantor in the above conveyance,
and acknowledged the execution of the foregoing Special Municipal
Warranty Deed to be their voluntary act and deed, for the uses and
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal.
My Commission Expires;
HELEN V. GOCH£NOUB
NOTARY PUBLIC STATE OF ^^4DlANA
ALLtN L.li.
Notary Public
Resident of Allen County, Indiana
MV COMMISSION EXPIRES JUNE 22. 19S7
ISSUED THRU INDIANA NOTARY ASSOC.
Instrument Prepared By: John J. Wernet, Attorney At Law.
OLTHE_CITy.OZ_FQRTJ^MN^^
^ Public works and Safety of the City
roMES NOW, the Board of Public wo
vraEREAb, street from Van
. • = r,a-rtial vacation of Berry brree
the process of obtaining a partial v
the west to Broadway on the east; and
Buren Street on the west,
V, >^aT-tial vacation has oeen
:::::: - — -
tne vacated property. ^^^^^^^^ ,
BE IT RESOLVED, that the Ag Joseph's
.•v,'t A by and between the City and St. Josep
part hereof as Exhibit A, by an ^^^^^^
: inc d/b/a, St. Joseph Medical Center
Hospital, inc., a/u/
^ .r.^ ratified in all respects, and
hereby approved and ratxti ^^^^^
BE IT FURTHER RESOLVED, that the .embers
! and safety are hereby authorized and empowered to
public Works and sarei^y
execute such Agreement on behalf of the City.
- 2 -
IN WITNESS WHEREOF, these Resolutions have been passed the
day, month and year first above written.
BOARD OF PUBLIC WORKS AND SAFETY
CITY OF FORT WAYNE, INDIANA
BY
Cosette Ry SimoKj Director of
Administ
' & Finance
ATTEST :
BY:
Lawrence D. Consalvos, Director
of Public Safety
BY:x
Helen V. Gocnenour,
Clerk
BY
H. J^Aies Haley, Actingy Director
of Public Works
AGREEMENT
THIS AGREEMENT, made and entered into this ^c^f^ay of
Oc^hbeK^ , 1986, by and between the CITY OF FORT WAYNE,
INDIANA, by and through its BOARD OF PUBLIC WORKS AND SAFETY
("City"! , and ST. JOSEPH'S HOSPITAL OF FORT WAYNE, INC., d/b/a
ST. JOSEPH MEDICAL CENTER OF FORT WAYNE ("Medical Center"),
WITNESSETH:
WHEREAS, the Medical Center has requested that the City
vacate a portion of Berry Street, bounded on the east by Broadway
Street and bounded on the west by Van Buren Street ("Property");
and
WHEREAS, vacation approval has been granted or will be
granted, subject to the City and the Medical Center entering into
an agreement, with respect to the closure of the Property; the
construction of improvements thereon; and other conditions
regarding same; and
WHEREAS, the parties desire to enter into this Agree-
ment to clarify and memorialize the understanding between them
respectively.
NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, it
is agreed as follows:
1. Once the vacation request, as made by the Medical
Center has been approved, that portion of Berry Street bounded by
Broadway Street on the east and Van Buren Street on the west, as
so indicated in the Petition for Vacation, shall be closed
subject to the terms and conditions of this Agreement. That is,
even though the appropriate portion of Berry Street (Property)
shall be deemed to be vacated, such vacation and the Medical
Center's right with respect to such Property, shall be subject to
all of the provisions hereof.
2. The Medical Center is authorized to make improve-
ments consistent with those as indicated on the attached Exhibit
"A", made a part hereof. The cost of such improvements and the
maintenance of same shall be the sole responsibility of the
Medical Center. The Medical Center does hereby agree to indemni-
fy and hold harmless the City and all of its employees, depart-
ments, boards and coiiunissions , from and against any liability of
any kind or character, including but not limited to injury to
person, damage to property and attorneys' fees, occasioned by or
resulting from the construction and maintenance of the improve-
ments and the use of the Property. The Medical Center shall
maintain general liability insurance in the primary amount of not
less than One Million Dollars ($1 ,000,000.00). The City may
request, from time to time, certificates of insurance evidencing
such coverage.
3. The closed portion of Berry Street shall be closed
to the public, as a vacated street, for a period of twenty-five
(25) years from the date the vacation petition has received final
legal approval. Upon the expiration of the twenty-five (25)
years, all rights to the street shall revert to the City and the
street may be opened if the City so desires. In addition, the
City may terminate the closure within the twenty-five (25) years,
if same is determined to be in the City's best interest. If such
earlier termination occurs, the City shall reimburse the Medical
Center for improvements made, with the City's payment being in
the first year (if a termination is made in the first year) of
One Hundred Fifty Thousand and no/100 Dollars ($150,000.00). The
reimbursement shall be reduced by Six Thousand and no/100 Dollars
($6,000.00) each year that the Agreement is not terminated. Thus
and by way of example, if the Agreement is terminated after five
(5) years, the City's payment to the Medical Center would be One
Hundred Twenty Thousand and no/100 Dollars ($120,000.00).
4. The Medical Center's use of the Property and the
closure of that portion of Berry Street shall not limit City
emergency and other emergency vehicle access to the Medical
center and any other contiguous facility of the Medical Center
in the event of an emergency at the Medical Center or such
contiguous facility of the Medical Center.
5. The Medical Center shall provide all necessary
utility easements, including a pedestrian easement and, utility
access shall be unencumbered.
6. This Agreement shall be subject to the laws of the
State of Indiana and shall be binding upon all successors and
assigns .
IN WITNESS WHEREOF, this Agreement has been signed the
day, month and year first above written.
CITY OF FORT WAYNE, INDIANA
by its BOARD OF PUBLIC WORKS
AND SAFETY
by: c<.-Dr.^T^,
ST. JOSEPH'S HOSPITAL OF FORT
WAYNE INC., d/b/a ST. JOSEPH
MEDICAL CENTER OF FORT WAYNE
-3-
1
* 'rY.c Roard of public Works and
COMES NOW, the Members of the Board
T^riiana and do hereby pass and
S.«t, o. ..e City o. «.yn., ^^^'^
^ ar,r-f=pment by and between
BE IT RESOLVED, that the proposed Agreement,
T ^^.na and the Fort Wayne-Allen County
Mrport Authority, as attached hereto as a part her
hereby ratified and approved in all respects and
BE IT FUKTHEK RESOLVED, that the Members of the Board
V and safety are hereby empowered and authorized to
Public Works and saieT:Y
. on behalf of the City of Fort Wayne,
execute such Agreement, on behalf
IN WITNESS WHEREOF, these Resolutions have
.ay, month and year first-above writ^en^ ^^^^^
cfeitt^^TsISoS; 0^^^^^°^
Administratis & Finance
BY:
Li^??iH5i-^r^SHiII^^5?rDi?ector
of Public safety
ATTEST :
^len V. Gochenour, Clerk
BY:
H. J&mes Hale
of Public works
^ ^g^^ '^ao^ cJay Of
("City.., . « fuMio woa, ^^^.^^^
- ■ o C3 K T H .
WHEREAS, the Baer Fi.l^
:rrf "
WHEREAS <=„r.K
such control o-f d
WHEREAS, the c-it-,
"-.n 7""^ P»v....
».tho,Uy .„„j.. , t„. city ,
. the de,l„ t
NOW, THEREFORE f
--ipt an. sufficiency If J,"" ^^^"^^^^ consideration, the
as follows: hereby acknowledged it .
y ' is agreed
- 2 -
1. The parties do hereby release and discharge the other
from and acj^inst any claims that either party may have against the
other, including but not limited to: The payment of any monies; any
debts; the performance of any act, except as herein provided; and the
transfer of any properties, real or personal. It is agreed that upon
execution hereof, neither party hereto shall have a claim against the
other, past, present, future, known or unknown, contingent or
otherwise, except for the provisions of this Agreement. It is speci-
fically agreed and understood that neither party owes any sums of
money or other consideration to the other, except as referenced in
this Agreement.
2. As additional consideration to enter into this
transaction, the City does agree to pay for the construction of a new
twenty-seven inch (27") storm sewer, to be so constructed at an
approximate cost of Seventy Thousand Dollars ($70,000.00), along the
route identified on the attached Exhibit "A", made a part hereof.
Such construction shall be in accordance with the plans and specifi-
cations as developed by the City. The City agrees to accept the new
storm sewer, as constructed, as its own system and facility and
further agrees to maintain that system and perpetuity for the benefit
of the Authority. The City shall cause the supervision of the con-
struction and installation of the new storm sewer to ensure that
construction is performed in accordance with the appropriate plans
and specifications. The City further agrees that it will maintain
the easement within which the storm sewer will be constructed and
that the Authority will not be assessed any fees, assessments or
charges regarding the use or existence of the new storm sewer.
Provided, however, that the City shall not be precluded from charging
or assessing other users for hook-ups, taps and use. All hook-ups
and taps of existing users (exluding the Authority) and/or future
users shall be the responsibility of the City. The Authority shall
grant and convey unto the City an appropriate easement along, upon,
under and over the Authority's property to allow for the
construction, use and maintenance of the new storm sewer herein
referenced. Further, the City agrees to take such appropriate action
as the City deems necessary, to abandon and decommission the existing
storm sewer.
3. This Agreement shall be construed in accordance with
the laws of the State of Indiana and shall be binding upon the
successors and assigns of the parties hereto provided, however, that
the City shall have no obligation hereunder to any successor in
interest of Airport property that is not governmental in nature.
IN WITNESS WHEREOF, this Agreement has been signed the day,
month and year first-above written.
FORT WAYNE-ALLEN COUNTY CITY OF FORT WAYNE, INDIANA
AIRPORT AUTHORITY by its BOARD OF PUBLIC WORKS
AND SAFETY
I
4 -
Director of Public Safety
Director of Publid Works
/
IMPROVEMENT RESOLOTICN J (- i^B' •* '
FOR DEMOLHTCN ^^^^4^
NO. 6063-1984
\
RESOLVED BY TOE BOARD OF PUBLIC TORKS & SAEICTY OF TOE CIIY OF FORT WAYNE, INDIANA,
that it is deemed necessary to denolish buildijigs .structures and clearincr site locatPrl
at 2000 S. lafayette, known as "Haima School Building" nore particularly located on
lots 212, 213, 214, 246 and the North 3 feet of Lot 247. in Hamilton'^ Fourth AddiHnn
to the City of Fort Wayne, According to the recorded plat thereof.
All in accordance with the profile, detail-drawing and specifications which will be on
file in the office of the Department of Public Works of said City; and such iinprovement
is now ordered.
"ni^vi^^L^"""'^ ^^.^^"^ °^ ^^'^ all benefits accruing hereunder
will be to the general public of the City of Fort Wayne and that no special benefits
will accrije to any property owner adjoinijig said ijnproveinent or other^vise assessable
under said TOvement. Ihe cost of said iirprove^ent shall be paid by ^e Ci^^ Fort
Wayne from Neighborhood IirprovenEnt Bond I. f=ij- y uxcy or rorr
Adopted this ^^"^ day of jQ^^ijJ^
Secretary and Clerk
BCRRD OF PUBLIC lORKS
IMPROVEMENT RESOLUTION
FOR STREET OR ALLEY
NO. 6062-86 1986 ASPHALT RESURFACING PROGRAM FOURTH PACKAGE
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve by resurfacing and
restoring pavement as designated on the following streets to be
known as:
LUTHER STREET: From the east curb line of Anthony Blvd. to the
west curb line of Grant Avenue.
LIBERTY STREET: From the west curb line of Harmar Street to the
west curb line of Coombs Street.
LEXINGTON COURT: From the east curb line of Calhoun Street to
the west curb line of Clinton Street.
BRANNING AVENUE: From the east curb line of Calhoun Street to
the west curb line of Clinton Street.
ROY STREET: From the northeast curb line of Wayne Trace to the
southeast curb line of Scheie Avenue.
PLAZA DRIVE: From the north curb line of Colerick Street to the
north curb line of Oxford Street.
-OWAISSA WAY: From the south pavement line of Nuttman Avenue to
the north curb line of Wawonaissa Trail.
_INDIAN HILLS DRIVE: From the south curb line of Ojibway Trail
to the north pavement line of Engle Road.
■-OJIBWAY TRAIL: From the west curb of Wawonaissa Trail to the
east property line of Enola Court.
•-MOUND PASS : From the south curb line of Ojibway Trail to the
north pavement line of Engle Road.
RAYMOND STREET : From the south curb line of Scheie Avenue to
the northwest curb line of Roy Street.
—MAPLEWOOD ROAD: From a point 100 ft. west of Wohama Drive to a
point 4 0 ft. west of Pinedale Drive.
all in accordance with the profile, details, drawings, and
specifications on file in the office of the Department of Public
Works and Safety of said City; and such improvement is now
ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne-
Adopted, this.
day of
BOARD OF PUBLIC WORKS & SAFETY
Secretary and Clerk
AGREEMENT
FOR
SEWER EXTENSION
THIS AGREEMENT, made in triplicate, this 2^nd day of October,
1986, by and between Zohrah K. Tazian and Naomi C. Tazian,
husband and wife, hereinafter referred to as "OWNER" and the
CITY OF FORT WAYNE, INDIANA, an Indiana Municipal
Corporation, hereinafter referred to as "CITY" WITNESSTH,
THAT:
WHEREAS, the "OWNER" desires to construct a local
sanitary sewer described as follows:
SEE EXHIBIT "A" ATTACHED
in accordance with plans, specifications, and profiles
heretofore submitted to and approved by "CITY" and now on
file in the Office of Chief Engineer to the Water Pollution
Control Engineering Department of "CITY" and known as Windsor
Woods, Section III sewer, which plans, specifications,
profiles are by reference incorporated herein and made a part
hereof, which sewer will serve- not only land in which the
"OWNER" has an interest, but also an adjoining land areas,
and ;
WHEREAS, the cost of construction of said sewer is
represented to be $57,740.00 composed of $52,940.00 for
construction costs, $3,000.00 for engineering services, and
$1,800.00 for City Engineering and Inspection fee-s.
NOW THEREFORE, in consideration of the foregoing and the
mutual covenants and agreements hereinafter set forth, the
parties hereto agree as follows:
1. CONSTRUCTION OF SEWER
"OWNER" shall cause said sewer to be constructed and
located in accordance with said plans, specifications and
profiles all approved by "CITY" under private contract to
be let within sixty (60) days after requisite "CITY"
approval. All work and materials shall he subject to
inspection by "CITY" and the right of "CITY" to halt
construction if there shall be noncompliance therewith.
Said sevor shall not be deemed completed and/or
, . +Vi*=> sev&T system oif "CITY"
permanently connected into the sewer y
J. "TTTY". Upon acceptance by
until final acceptance by L.J. i i . "H
"CITY" said sewer Bhall become the property of "CITY- and
"CITY" shall accept sewage therefrom subject to such
sewage service charges as may now or hereafter be
regularly established by "CITY" and all further
maintenance thereafter shall be borne by "CITY".
COST OF CONSTRUCTION
-OWNER" agrees to pay the entire cost and expense of
construction of said sewer, in cash, including -CITY"
engineering and inspection fees, and, to hold -CITY-
harmless from any liability for claims connected
therewith .
AREA OF "OWNER"
Said sewer when accepted by the -CITY" will serve the
following described real estate:
Part of the East Half of the Fractional Southwest Quarter-
of Section 32, Township 32 North, Range 12 East, Allen
County, Indiana, more paricularly described as follows,
to wit:
Beginning on the East line of said Fractional Southwest
Quarter at a point situated 776.29 feet, S 01° -08' -30" E
(deed bearing and is used as the basis for the bearings
in this description) from the Northeast corner of said
Fractional Southwest Quarter; thence S 01° -08 '-30" E, on
and along said East line, a distance of 693. 66 feet to a
North corner of Windsor Woods, Section I, the plat of
which is recorded in Plat Book 42, pages 135-139 in the
Office of the Recorder of Allen County, Indiana; thence N
75 -00' W, on and along a Northerly line of said Windsor
Woods, Section I, a distance of 354.6 feet to the most
Northerly corner thereof, being a point on the
Southeasterly line of Windsor Woods, Section II, the plat
of which is recorded in Plat Book 47^^ pages 91-93 in the
Office of said Recorder; thence N 42 -00' E, on and along
said Southeasterly line, a distance of 134. 3 feet to the
most Easterly corner of said Windsor Woods, Section II;
thence N 57 -30' W, on and along the Northeasterly line
of said Windsor Woods, Section II, a distance of 92. 56
feet to the most Northerly corner thereof; thence S 76°-
15' W, on and along the Northerly line of said Windsor
Woods, Section II, a distance of 383.34 feet; thence
S 77 -56' -40- W, continuing along said Northerly line, a
distance of 141.67 feet; thence S 01°-07' E, continuing
along said Northerly line, a distance of 50.0 feet;
thence N 77"'-34' W, continuing along said Northerly line,
a distance of 85.0 feet to a Northwest corner of said
Windsor Woods, Section II; thence S 89°-59' W, a distance
of 355.0 feet to a point on the East right-of-way line of
Lima^Road (State Road #3) as it presently exists; thence
N 01 -07' W, on and along said East right-of-way line, a
distance of 659.53 feet; thence N 10°-44 -35' E,
continuing along said East right-of-way line, a distance
of 102.18 feet; thence N 01°-07' W, continuing along said
84»-00' E, -/^^^^Heet, ^h;nce S ^2 -30' E. a distance
a distance of 105.0 o.gQ, „ ^ distance of 40.0
of 305 85 f-^' ^J'-^T di°tan;e of 125.0 f..t;
feet; thence S 74 30 f ^^^^ ^ ^ , B 64
thence S ..2 3D E, a ai ^^^^
.-°°;n^ln^/co^C".n^ ll] f^O^c.es of land, ...,ect to
all easements of record.
AS "OWNER" «ill pay for the cost of construction of said
sever as it pertains to the above-described real estate for
the construction of said sewer by the present or future
owners of said real estate except only as to such stand.,rd
tap-in inspection fees and monthly sewage treatment charges
as are customarily charged by the "CITY" for connections to
"CITY" sewer mains and treatment of sewage therefrom.
4. AREA CONNECTION CHARGE (Oversizing, etc., cost of
existing sewage works).
An area connection charge of 0700.00 per acre must be
paid to "CITY" at the time of connection. This area
connection charge is in addition to the local charge as
set forth above, and represents the installation and/or
oversizing costs expended by "CITY" for sewer line (s)
known as St. Joseph Service Area Resolution No. 74-22-04.
5. BOND
This contract ifj subject to "OWNER" and/or his contractor
furnishing a satisfactory Maintenance Bond for 257. the
value of the sewer which shall guarantee said sewer
against defects for a period of one ( 1 ) year from the
date of final acceptance of said sever by "CITY".
6. LIMITATION ON USE
Said sewer shall be constructed for disposal of sanitary
sewage only and neither the parties hereto, their
successors, or assigns, or any future owner of any land
serviced by said sewer, shall at any time discharge or
permit to be discharged or flow into said sanitary sewer,
any water runoff caused by natural precipitation or
anything other than sanitary sewage or contaminated
waste in accordance with City Municipal Code.
7. WAIVER OR RIGHT OF REMONSTRATE AGAINST ANNEXATION
"OWNER" for himself, herself, his/her successors in title
and .B.ign., waives and releaaee any and all rightco which
it may now or hereafter have to rernonastrate againat or
otherwise object to, interfere with or oppose any pending
or future annexation by "CITY" of any territory now or
hereafter owned by him/her as described in Article. 3
herein, or hereafter served by said sewer or any
extension thereof. In future consideration and to induce
"CITY" to execute and ratify this contract, said "OWNER",
for himself, herself, his/her successors and assigns,
agree by this contract to vest in "CITY" the permanent
right at its direction to annex to the City of Fort Wayne
at any future time by duly authorized ordinance to the
said real estate described in Article 3 herein. "OWNER"
further agrees that any deeds, contracts, other
intruments of conveyance made by "OWNER", its successor e
or assigns transferring or conveying any interest in and
to any of the real estate described in Article 3 herein,
shall contain the waiver and release provisions contained
in this article which provisions shall run with the land
and the acceptance of tl-ie delivery of any such
instruments from "OWNER" his/her successors and assigns
by any grantee, vendee or contract purchaser, shall be
made subject to the terms of this Agreement and shall
constitute an acceptance of the foregoing provisions by
said grantee, vendee, or contract purchaser and their
successors in title. "OWNER" further agrees to record an
executed copy of this contract in the Allen County
Recorder's Office within ten (10) days of its adoption
and approval by the Board of Public Works and Safety of
the City of Fort Wayne as hereinafter provided. Any
owner or owners of land which is now, or hereafter
located outside the corporate limits of "CITY" who
connect into the sewer constructed hereunder shall be
deemed to thereby waive his/her, their or its right to
remonstrate against or otherwise object to, interfere
with or oppose any pending or future annexation by "CITY"
of such land or o£ the territory In which it ±^ located
or of the area served by said sewer. (I.e. 36-9-22-2,
added by Acts 1981, p. L. 309, 395).
as
WITNESS WHHHEOP ..e pa..ie. .eve .u..c.i.ea .o t.i.
Agreement the day and year lirsx.
DEVELOPER/OWNER
Zohrab K. Tazig^
Naomi C. TaziaA
"CITY"
Win Moses, Jr. , Mayor
Board of Public Works & Safety
h// James Ijfeley, Acting Director of
Btfard of Public MdJv.s
Kogette SirooV>, Director of
AdminstrEktion a4'id Finance
ATTEST
Lawrence D. Consalvos, Director of
Public Safety
Helen Gochenour, Clerk
APPROVED aE/to;,'form and legality
STATE OF INDIANA )
) SS :
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Zohrab K. Tazian and
Naomi C. Tazian, husband and wife, who acknowledged the
execution of the foregoing agreement as and for their
voluntary act and deed for the uses and purposes therein
contained.
WITNESS my hand and notarial seal this 21st day of
October, 1986.
( y J: r r) rii // ri,^^y(^//y/,^-i^
Deanna Faust -Notary Public
Resident of Allen County
My Commission Expires: 10-11-89
This insti'ument prepared by
Zohrab K. Tazian
345 W. Wayne St. , Suite 202
Fort Wayne, IN 4S802
STATE DF INDIANA )
) SS:
CaUNTY OF ALLEN )
Before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Win Moses, Jr. , Mayor,
H. James Haley, Cosette R. Simon, and Lawrence D. Consalvos,
as the Board of Public Works and Safety of the City of Fort
Wayne, Indiana and acknowledged the execution of the
foregoing agreement as and for their voluntary act and deed
for the uses and purposes therein contained.
WITNESS^niy hand and notarial seal this
1986.
ay of
Notary Puhli
Resident of
My Commission Expires :
HCLEH V, GOri lENOUR
NOTAR'i' PUBLIC STATE OF INDIANA
ftLLEtJ_Ca
TJV" COMMISSION EXPIRES JUNE 22, 19S7
^UED THRU INDIANA NOTARY ASSOC.
County
This instx-uTtient prepared by
Zohrab K. Taslan
345 W. Wayne St., Suite 20o
Fort Wayne, IN 4S802
SANITARY SEWER
EXHIBIT A
LATERAL SS 1
. 4. - r. ovi^tino sanitary sewer manhole located in
^r^o:?L::t^corn:;*;rpr:posed Plat o. Windsor .oods
Section III; thence North along the East prop er t y 1 i ne 1 00
■feet to a proposed manhole thence Northwesterly along the
common Lot line Lots «5'2 and Lot «?3 o^f said addition
190 •^ L.F. to a proposed manhole thence Northwesterly along
the East n i Qh t-o^f-way o^f Calwent Court 310 + L.F.
termi nat ing'at proposed M H. located near the Southeast
corner o-f Lot «4S o-f said Addition.
LATERAL SS 2
Beqinnino at an existing sanitary sewer manhole located 10+
L.F. South o-f and 5 + L.F. East o-f the Northwest corner o-f
Lot U73 o-f Windsor Woods, Section II; thence North along the
East property line o-f Windsor Woods Blvd. 160 ; L.F, to a
proposed manhole located 25 + L,F, l^orth o-f and 25 + L.F.
East o-f the center line intersection o-f Windsor 1,/Joods Blyd.
and Coronado Court; thence West 50 -feet to a. proposed
manhole thence North along the West r i gh t -o-f -way o-f said
Windsor Woods Blvd. 110 i L.F. thence Nor t hue s t e r 1 >■ along
the South property line o-f Lot 1 1 6 !0 + L.F. to a propos&d
manhole thence along the West property 1 i ne o-f said Lot fillt
a distance o-f ISO L. F. to a proposed manhole located near
the southwest corner o-f Lot SI 04 o-f said plat; thence
Westerly along the Islorth r i gh t-o-f-way o-f Uillistead Place,
380 + L.F. termination at a proposed riianhole near the
northeast corner of Lot *tll0 o-f said addition.
LATERAL SS 3
Beginning at a proposed manhole located 25+ L.F. west o-f and
25-i L.F. north o-f the center line o-f Windsor Woods Blud. and
Coronado Court; thence Westerly 420+ L.F. termination at a
proposed manhole located near the south corner o-f Lot #121
o-f said add i t i on .
LATERAL SS A
Beginning at a proposed rrianhole located on the North
r i gh t-o-f-way line o-f Willistead Place 60± L.F. west o-f the
southwest corner o-f Lot H103 o-f said addition; thence East
60+ L.F. termination at a proposed cleanout located near the
southwest corner o-f said Lot *4103.
LATERAL SS 5
Beginning at the existing sanitary sewer manhole located
111+ L.F. west o-f the southwest corner of Lot iilOO of said
addition; thence east along the common lot line of Lot *ilOO
and Lot ttlOl 270+ L.F. to the east side of the Windsor Woods
Biyd. right-o-f-ws.)' 80+ L.F. south o-f the northwest corner o-f
Lot «9? of said addition; thence North 90+ L.F. terminatino
at a proposed bulkhead located near the Ivlorthwest corner o-f
sai d Lot n?9.
LATERAL NO. 6
BeoinninQ at a proposed sanitary sewer manhole located on
the east r i oht-ot-way o-f Windsor Woods Blvd. located 40 +
L.F. south o-f the southwest corner o-f Lot *tS5; thence north
along the said east right-of-way 45+ L.F. teriri i nat i no at a
proposed cleanout near said southwest corner of Lot SS5 .
p^cnTTTTTONS OF BOAPn OF PTTBT.TC WORKS AND SAFETY
OF THE CITY OF FORT WAYNF. ■ INDIANA
COMES NOW, the Board of Public Works and Safety of the City
of Fort Wayne, Indiana ("Board") and resolves as follows:
BE IT RESOLVED, that authority and approval is
hereby qiven tor the City of Fort Wayne, Indiana,
by and ?hrough its Board, to convey to Fort Wayne
Habitat for Humanity, Inc., an Indiana Not-For
profit corporation, the following described real
es?ate as owned by the City and located m Allen
County, Indiana, to-wit:
The West 90 ' of N 61 . 5 ' of Lot #1,
Anthony Hiblers Addition to the City
of Fort Wayne;
BE IT FURTHER RESOLVED, that such transfer as herein
authorized, is an exempted transfer as referenced
at I.e. 36-1-11, et seq; and
BF IT FURTHER RESOLVED, that the members of the
loard of public Works and Safety are hereby authori-
zed and empowered to execute all documents conveying
luch property to the Transferee herein noted.
IN WITNESS WHEREOF, these Resolutions have been passed this
^"^day of /f^/T&AxA) . 1986.
BOARD OF PUBLIC WORKS AND SAFETY
BY;
H. jA-kks Ha'iey; Acting Director
of Tublic Works
BY
"dosette R.,Simon\ Director of
Aaministration/S Finance
8
- 2 -
ATTEST:
Lawrence D. Consalvos, Director
of Public Safety
CONTKACT NUMBER 76-138-12
contributor, and the ^.It .ry^AL^^r:: .My' S'^/ci^y^Z^ .lllT T^lllL
by and through the Mayor, and the Board of Public Works and Safety of slid Ctv'
herein after called Utility, Witnesseth: ^'
That the said Contributor and the said Utility for the considerations
hereing after named, agree as follows: "nsiaerations
1. That the Utility and the Contributor shall proceed dependent
upon procurement of materials and labor and with reference
to other similar work of said parties to construct a street
lighting system including all necessary controls and con-
nections to the electrical distribution system provided by
the Indiana and Michigan Electric Company to serve Versailles
Village Place as follows:
Beginning at the west right of way line of
Harris Road and preceeding in a westerly dir-
ection within the public right of way of
Versailles Village Place to its western ter-
minus and connected to a point of electrical
distribution to be provided by Indiana and
Michigan Electric Company.
With 150 wftt' lllToU^'^ll\lllT '° light standards
volt, high pressure sodium luminaires and all related wiring.
S^iUtv'f "Tu materials provided by the
11]^ I . ! installation of this street lighting system
shall be paid for by the Contributor and all pfyments shaU
become due upon completion and acceptance of LL U^htin"
3. That said street lighting system shall be constructed
th^StiHt:'%"'"'"'=' ''''''' ^"-^ ^Pecificati^:
ot the Utility of approved by the Utility, which are
he'; iUty'^Lf °/ ''^ Bngineering'Departme:t of
tne utility, and by reference made a part hereof- and
y:t:rwh '"^"^^•^ thro^^h f^id
system when completed, in accordance with the rules
an erfn^'^"", °' '''' "'^1^'^ 'he laws o^d n-
:""har:a;Ti:irrft:r-^rai^;.-!--' -
current .h^^h ' an^;!" ' or^ts'^f ^he J^t'" ''T' "^^^ ^ ^
.nless^and until the entire system shall ha:e"bee;^^:::!d\°:d":L°:pteTbr s^ir"""^
Adopted, this day of
1986.
BOARD OF PUBLIC WORKS & SAFETY
Lawrence D. Consalvos, Director
of Public Safety
Attest :
0,
Clerk
herebv .J.Tly.^^^ contributor and/or owner/owners of the above-described property,
hereby accept the conditions of said Contract Agreement.
Date
AGREEMENT
This Agreement made this y^'day of^-e»ber-, 1986, by and
between A.L.C.S.S.E. JOINT VENTURE ("Venture" herein) and THE
BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF FORT WAYNE ("City"
herein)
WITNESSETH:
1.
1 venture is desirous of causing City to construct a
sanitary sewer to serve the respective properties of the members
of venture, as well as other areas according to the plans and
specifications prepared by Z. K. Tazian Associates,^ Inc. and
approved by the Water Pollution Control Department of City.
2 City did, by sanitary sewer resolution 42/^-1986, receive
competitive bids for the construction of said sewer but has not
yet awarded a contract for such construction.
3 The low bid for such project, together with an
appropriate contingency, is Two Hundred Fifty Thousand Dollars
($250,000.00) .
4 venture has assured City that if City will proceed with
the construction and awarding of the contract therefor. Venture
• will indemnify the City from any and all costs or expenses in
;^^^<2^£^^4^^:^-said project, including City's engineering and
inspection costs and charges.
4-„ ^=r,r,= ii- into Citv's account in Lincoln
5 Venture agrees to deposit mro i-ii-y
Nationll Ban. and Trust company ("BanK" hereinafter) the sum o
TWO Hundred Fifty Thousand Dollars ($250,000.00) for Citys
unrestricted use in paying for all of the costs and -P^^ =
construction, City-s engineering fees, and its -^P-^.^"
(all jointly called "Project Costs" hereinafter) . Said und
Shall be subject to withdrawal by City in accordance with City
.ocedures and without restriction or control by any other person,
firm or agency whatever to be used by City to pay Project Costs.
6 The account in Bank may be an interest-bearing account
in Which event, any interest ^ ^ /--^rrLrto^vi:::!
account for use in paying Project Costs and for refund
if not so used.
7 City may receive grant funds from the County of Allen
and/or the Department of Commerce of Indiana to assist .npaym
of Project costs. To the extent of and coincident with
receipt of such funds by City, it will release to Venture from the
account in Bank a like amount of funds from time to time.
8. To the extent that the funds deposited by Venture and
the grant funds should prove insufficient to cover Project Costs,
Venture shall indemnify City for the amount of such deficiency.
9. To the extent that the funds deposited to Bank by
Venture, together with interest earned thereon, plus grant funds,
exceeds the Project Costs, City shall refund the amount of such
excess to Venture.
10. Upon deposit of said funds to Bank and City's entering
into satisfactory agreement with Bank to assure City's right of
withdrawal as herein contemplated. City agrees to award a contract
to the successful bidder pursuant to said sewer improvement
resolution 42<H1986.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first noted.
"Venture"
"City"
A.L.C.S.S.E. JOINT VENTURE
BY:
BOARD
ATTEST:
CLERK
5002 .ris/sm
- 2 -
It
■i
■ ™is ACKKeM..., ente.ea i.to as o. the -i^"'
OctoHe. ,.3., ^^^^^^^^^^
Wayne U, xnaiana U.Uea pa..ne.sMp .Woo.....,.,
-t. o. .0.. .a.vne, ana .h.o... ... Oepa.t.en. o. p..,,.
Works ana Safety (City) °
WITNESSETH:
™.s, Wooa.ria,e intenas to ..ua, own ana operate a
-I-.ea.Uy .o.sin. oo.p:e. .Co.p.e.) on t.e rea. ^ ,
describe, on Exhibit "A" a^^. ^ . .
A attache, hereto (Real Estate) ; ana
WHEREAS, Wooabriaqe wishes tn
^ wisnes to construct anr! ■
ownership of the s^nif
. inability in connection with th.
covenants co„t.l„.a herein ^ .
aaree as foZlowsi "erein, do hereby
1- '•Ity suthorizes BooabrHoe i-„
°™ P.rp,.„u, the .,„,
■.t.le. «"in, the
2. Wooabrlae. hereby , ,
in oonneotion .Uh the """"
—"o" ot the senu.ry se„rs ,„ "
'o. "e o..„ o, „i„b,„„<,. ■ "« ""i.e.
3- This .,ree.ent ,h.u h, . .
^^ecessors, an. assi,.^, an. thT la^" ^^^"^^^
^''^^^-^-^ Of Woo.bri.ge
^'^^ «eal estate, ...
^ ^ ' ' ^^"^^te. p-^.^;iership
A \G^neral Partner
THE CITY OF FORT WAYNE
By and Through Its Department of
Public Works and Safety
H. James Haley
Printed Name (Member) H. James Hal^y
By_
Signature
^rintej Name (Member r^^I^I^rTTimon
ATTEST :
Signature
Printed Name
Lawrence D. Consalvos
Printed Name (Member rwi^i^TJ—Consalvos
STATE OF INDIANA
COUNTY OF MARION
)
SS:
Before me, a Notarv Puhl i
State, personally appeared Woodbr'idqe A^trtll" ''"""^^
II, a limited partnershin h,, t '^PS'^tments of Fort Wayne
Partner, „ho acknLl edged the e^^^cutTon ofV.""^."^' ^ ^^"'"1
for Its voluntary act and deed. foregoing as and
Subscribed and
October, 1986.
sworn
to before me, this
day of
My Commission Expires:
STATE OF INDIANA )
COUNTY OF ALLEN
SS :
Octoberr?986!'^ t° before me, thisj^
day of
My Commission Expires:
^otarT^i^bli^
Printe^^^;^^^^^^^
C°"nty 5f-RiiTdiH^^3^|^
This instrument preoare.! u ■ ' '
-0 union Federal « uTl^dfng ^ ^ol i ^ - - Law,
"Fuiis, Indiana 46204.
Ill
LEGAL DESCRIPTION
KOODBRIDGE ftPARTMENTS OF FORT KAYNE II
Part of the fractional North Half of Section 19, Townsh^^ 31
North, Range 13 East in Allen County, Indiana, more
particularly described as follows:
Coiranencing at the Northwest corner of said Section 19, said
point indicated by i brass pluq situated on the centerline of
the St. Joseph Center Road; thence South 00 degrees 39 minutes
05 seconds West (based on Deed bearing for the Wabash ( Erie
Canal Feeder) along the West line of said Section 19, 45.00
feet to a point on the North line of Papermill Bluffs Section
I, an Addition to the City of Fort Wayne, Indiana, recorded as
Instrument #77-0267? in the Office of the Recorder of said
County; said point also being on the South right-of-way line of
the St. Joseph Center Road as established by Indiana Project S
728 (1) 1961; thence South 89 degrees 50 minutes 00 seconds
East along the North line of said Addition 181.56 feet, said
line being contiguous with the South right-of-way line of said
St. Joseph Center Road as situated 45.00 feet normally distant
South of said Road centerline and established by Highway
right-of-way Grant as recorded in Deed Record 591, pages
156-157, in the Office of the Recorder of said County, (the
next 5 courses being alona the East line of said Papermill
Bluffs Addition); thence South 44 degrees 30 minutes 46 seconds
East 106.47 feet; thence South 54 degrees 02 minutes 02 seconds
East 542.88 feet; thence South 34 degrees 14 minutes 00 seconds
East 337.39 feet; thence South 21 degrees 41 minutes 25 seconds
West 148.64 feet to the POINT OF BEGINNING; thence continuing
South 21 degrees 41 minutes 25 seconds West 780.02 feet to the
Southeast corner of said Papermill Bluffs Section I, said point
being the Northeast corner of Blocl! "G" in Papermill Bluffs -
Section II, an Addition to the City of Fort Wayne, Indiana,
recorded as Instrument #78-12669 in the Office of the Recorder
of said County; thence continuing South 21 degrees 41 minutes
25 seconds West 129.30 feet to the Southeast corner of said
BLock "G" thence South 89 degrees 42 minutes 00 seconds West
along the South line of Block "G" 85.00 feet; thence South 89
degrees 33 minutes 07 seconds West 381.68 feet to the
-Northeasterly corner of The Woodlands of Riverside, an Addition
to the City of Fort Wayne, Indiana, recorded as Instrument
f77-17794 in the Office of the Recorder of said County; thence
South 05 degrees 56 minutes 29 seconds East along the East line
of said Addition 931 . 46 feet to the Southeast corner of said
Addition, said point being on the South line of said North Half
Section; said point being South 89 degrees 53 minutes 03
seconds East 153.56 feet from the Southwest corner of the
Northwest Quarter of said Section 19; thence South 89 degrees
53 minutes 03 seconds East along the South line of said
Northwest Quarter 636.27 feet; thence North 21 degrees 41
minutes 25 seconds East 1676 . 25 feet to the South line of
Woodbridge Apartments of Fort Wayne - Phase I; thence North 68
degrees 18 minutes 35 seconds West along said South line 591.33
feet to the East line of said Papermill Bluffs - Section 'l
said point being the POINT OF BEGINNING. '
EXHIBIT "A"
I
*rinted Name i^-i^-^^
Printed Name (Member) Cosette R. Simon
-rO-2-
Sidnature
l.awTPnre J — rnncni.,^^
i'rinted Name (Member )Lawrence D. Consalvos
GRANT OF SEWER EASEMENT
THIS INDENTURE WITNESSETH THAT: Woodbridge Apartments of
Fort Wayne II, a limited partnership, of Marion Countv, State
of Indiana, hereinafter referred to as "GRANTOR", for and in
consideration of One Dollar, receipt of which is hereby
acknowledged, does hereby grant, quit-claim and convey to the
CITY OF FORT WAYNE, hereinunder referred to as "GRANTEE," a
permanent easement and right-of-way to construct, operate,
control, maintain, reconstruct, and remove a sev/er line, along
and across the following described real property, located in
Allen Countv, State of Indiana, to-wit:
See EXHIBIT "A" Pages 1 and 2 attached hereto.
For and in consideration of this grant of easement by
Grantor, grantee agrees and does hereby vacate that certain
easement conveyed to the City of Fort Wayne by a Grant of Sewer
Easement recorded as Instrument No. 80-014430 in the office of
the Recorder of Allen County, Indiana.
Grantor certifies under oath that no Indiana Gross Income
Tax is due or payable in respect to the transfer made by this
deed .
EXECUTED this / v-5 c^ay of October, 1986.
WOODBRIDGE APARTMENTS /DP FORT'
WAV-NE II, a lijai te^ WitAex_s
By_
ship
Jamete VT. Beatty
A Gfeheral Partner
\
THE CITY OF FORT WAYNE
By and Through Its Deoartment of
Public Works and Safety
Printeo i.ame (Niember) h. James Haley
By_
Signature
ATTEST:
Signature 1''^/ ^
Printed
Signature
Prii^tidName (Member )i:i;;;;;;^^r^7Vonsalvos
-2-
STATE OF INDIANA )
) SS '
COUNTY OF MARION )
BeEore me, a Noh^n; d,,i,i ;
State, personally applL^^/w^ooab^A/^e Apf rt'.ent'^'';
II, ^ limited partnershin K,, t '^P^'^tments of Port Wavnp.
Partner, who acknowleS'^he e'^TecutTon of't^^^''^' ^
for Its voluntarv act and deed. foregoing as and
Octo^lTllit:' ^° tMs_i^ .ay of
My Commission Expires.- County of R^lT^^5r~^^'^^=**^
STATE OF INDIANA )
COUNTY OF ALLEN ]
by . °f Public Wor.<= "fL"^ J^i' and
through ' "i^s '"^nir, ^.ppeared The City of Vort'^V ^°"nty and
^y-M^l^^^^L^l[^^^^ of ^Public Works anT ^"^
Octobe™986;" '^"'^ -tarial seal, this /^^.
_A,^__ 'day of
My Commission Expires:
'^°taryZPubII^~
f^±xs, Indiana 46204.
Law ,
Jota V. Schneider, P.E., L.S., President
Brad DeReamer, L.S., Vice-President
Paul O. Maves, P.E.
Gary R. Kent, L.S.
Dennis Grumpp, L.S.
Stephen M. Cooper, L.S.
Edward D. Giacoletti. L.S.
. Bruce A. Nicholson. P.E.
J- William Strange, P.E.
Pster Arnold, L.S.
, Vincent J. Schneider, P.E., L.S.
(Retired - Consultant)
SCHNEIDER ENGINEERING CORPORATION
Civil Engineers • Land Surveyors
3675 North Post Road
Indianapolis, Indiana 4622fi
(317) 898-8282 *
Mailing address
P O. Box 26068
Indianapolis, Indiana 46226-0086
^52POSED_SANITARY_SE^^
^^J^-^^' ---- '^^^^^^T^^-'^^^^
th:::ce"1ou\f 89°l3^03"'r^' '^"^"-^ °^ north half .
distance 0^769.74 feet tfth'°"^ '*'" """t*^ ^i"- thereor^""'"
North 34°55'0]" wL^ \= ^"^^ point of beqinninci-
North 88°53'3 " «tJ ^ ^^^tance of 168.92 leet ^h.n "'"'
South 88°n.06" ^ distance of 382. n felt- ll^T'"''
terminus o,^ the east ^ ■^^^^T''^ °f '52.09 feet'to th^ •
^instrument .um^e^^^S^-,- ^f^^.^o^^^- ^^^^'^^ -
the Allen County Recorder).
\
EXHIBIT "A" p
1 of 2
\ ^^-l^mMEyt f/.
3675 North Post Road
Indianapolis, Indiana 46226
(317) 898-8282
Mailing Address
P O. Box 26068
SCHNEIDER ENGINEERING CORPORATION
Civil Engineers • Land Surveyors
John V. Schneider, P.E., L.S., Presii
Brad DeReamer, L.S., Vice-PrcsidenA
Paul Mavcs, P.E.
Gary R. Kent, L.S.
Dennis Grumpp, L.S.
Stephen M. Cooper, L.S.
Edward D. Giacoletti, L.S.
\
•^i>vr;v 6/Aj£ A/. '/2
GRANT OF DRAINAGE AND UTILITY EASEMENT
THIS INDENTURE WITNESSETH THAT: Woodbridge Apartments of
Fort Wayne II, a limited partnership, of Marion County, State
of Indiana, hereinafter referred to as "GRANTOR", for and in
consideration of One Dollar, receipt of which is hereby
acknowledged, does hereby grant, quit-claim and convey to the
CITY OF FORT WAYNE, hereinunder referred to as "GRANTEE," a
permanent, non-exclusive drainage and utility easement and
right-of-way along and across the following described real
property, located in Allen County, State of Indiana, to-wit:
See EXHIBIT "A" Pages 1 and 2 attached hereto.
Grantee shall be entitled where necessary to cross
roadways, to construct, operate, control, maintain and
reconstruct storm sewers in the easement area.
Grantor certifies under oath that no Indiana Gross Income
Tax is due or payable in respect to the transfer made by this
deed .
EXECUTED this 9^ day of October, 1986.
WOODBRIDGE APARTMEN'^alOF FORT
WAYNE II, a limited bartnership
By
J'amWs W. Beatt/
AVGkneral Partner
STATE OF INDIANA )
COUNTY OF MARION
) SS:
n ^ ^^"bscribed and sworn to before me, this 9''^
October, 1986. ' ^^^^ . / .
day of
My Commission Expires:
Notary Public » /'•y.
Printed_,^^^^g^ J- 2^A.<JA
County ot Residence
7m\lron^:iT.J\l^lit^^^^ W Beatty, Attorn
uerax Building, Indianapolis, Indiana 46;
ey at Law,
ana 46204.
>
o75 North Post Road
Indianapolis, Indiana 46226
(317) 898-8282
Mailing Address
P.O. Box 26068
I
SCHNEIDER ENGINEERING CORPORATION
Civil Engineers • Land Surveyors
John V. Schneider, P.E., L.S., President
Brad DeRenmer, L.S., Vice-President
Paul Maves, P.E.
Gary R. Kent, L.S.
Dennis Grumpp, L.S.
Stephen M. Cooper, L.S.
Edward D. Giacoletti, L.S.
*i
i
LEGAL DESCRIPTION
(PROPOSED 20 FOOT DRAINAGE &
UTILITY EASEMENT)
A strip of grounti twenty feet in width in part of the
North half of Section 19, township 31 North, Range 13
East, Allen County, Indiana, the centerline of said 20
foot strip being more particularly described as follows:
Commencing at the Southwest corner of said half Section;
thence South 89 degrees 53 minutes 03 seconds East along
the South line of said half section 153.56 feet; thence
North 05 degrees 56 minutes 29 seocnds West 931.46 feet;
thence North 89 degrees 33 minutes 07 seconds East 381.68
feet; thence North 89 degrees 42 minutes 00 seconds East
85.00 feet; thence North 21 degrees 41 minutes 25 seconds
East 92.00 feet to the Point of Beginning; thence South
54 degrees 03 minutes 35 seconds East 283.00 feet; South
48 degrees 33 minutes 35 seconds East 108.00 feet; thence
South 57 minutes 33 minutes 35 seconds East 219.24 feet
to the End Point.
The sidelines of said easement to be lenghtoned and
shortened to terminate at the owners east and west lines.
\
/
j675 r^orlh Posl Road
Indianapolis, Indiana 46226
(317) 898-8282
Mailing Address
P.O. Box 26068
1
SCHNEIDER ENGINEERING CORPORATION
Civil Engineers • Land Surveyors
John V. Schneider. P.E., L.S., Presideni
Brad DeReainer, L.S.. Vice-President
Paul Maves, P.E.
Gary R. Kent, L.S.
Dennis Grumpp, L.S.
Stephen M. Cooper, L.S.
Edward D. Giacoletti, L.S.
Mr it^ 77-/77^
li}iLUKiir.Hi:Hiif
LEGAL DESCRIPTION
(PROPOSED 20 FOOT DRAINAGE &
UTILITY EASEMENT)
A strip of ground twenty feet in width lying in part of
the North half of Section 19, Totaitiship 31 North, Range 13
East in Allen County, Indiana, the South line of said twenty
foot -strip being more particularly described as follows:
Beginning at a point on the South line of said north half,
lying South 89 degrees 53 minutes 03 seconds East 153.56 feet
from the Southwest corner thereof; thence South 89 degrees
53 minutes 03 seconds East along said South line 636.27 feet
to the End Point.
The sidelines of said easement to be lengthened to terminate
at the owners east and west -tines. .
9/30/86
EXHIBIT "A" Page 2 of 2
12^
ENGINEERING • SURVEYING • PLANNING
'TJBomTWlM.
September 26, 1986
6;S SOUIH HARRISON STREET • FORT WAYNE. INDIANA 46802
219-424 0318
City of Fort Wayne
Board of Public Works & Safety
City-County Building .'
One Main Street
Fort Wayne, IN 46802
SUBJECT: Hobson Rd. /E. State Blvd.
Intersection Improvements
Members of the Board:
We have completed our design of the above captioned project and submitted it to the
Indiana Dept. of Highways for their final review. We had suggested to your staff
that consideration be given to breaking out that portion of the project related
directly to the traffic signal and requesting MG funds for that which would make it
eligible for lOOX federal funding. Otherwise the project would be 75'/, federal
funded.
The Indiana Dept. of Highways has responded and agreed to this break-out. It will
require, however, that the plans be revised and separate quantities be prepared for
each type of funding. This is work over and above the original scope of our
contract.
We are writing this letter to request your authorization to provide these
additional services. We would ask that they be provided as provided in our
contract with you dated August 13, 1984, under Additional Services and be
compensated as provided in Section 5.1.2.1. If you concur with this, we ask that
you acknowledge in the space provided below and return one copy to our office.
13
• • . - October 17. 19E3
jjAILRflflp AGREE riE NT
'''''''''' theSuT^T^^Za. acting and
through the Induna Department of Highways, hereinafter referred to as
"STATE", and the _cu,,^^P^^_,^^^^
-^^^ • hereinafter
•■tf erred to as the "LPA".
T N E S S E T H
"««»s. ^^^^ ^^^^^
Projectsts) No. RRP-F568
providing for 06015
.Approaches. S-io„.i. 4 Surface- rh r .
^ ^^^H££ii_ RR Force Accounr ..j^^^^^j^ 3^^^
_Conrail in Ft. Wavnp.
"HEREAS. Federal A t . ■^^'^ '
the STATE fo ^ " — ava 1, a. e to
iiAlE for use in connection with tho n , • ■
projects. engineering on these
fol lows
^^^""O"^. the parties hereto .utuall.c
ws: '"'"^ "tenant and agree as
"'le '^3, U.S. Code. Highway (2) the .
1 of 6
The LPA will perform any preliminary engineering required on the
approaches to the crossing (outside the limits of the crossing) or at
its discretion, engage a competent and qualified consultant to perform
the preliminary engineering. The LPA's procedures for selection of
consultants will be in accordance with applicable Federal Highway
Administration and State guidelines. Further, proposed agreements
between the LPA and its consultant will be submitted for State and
Federal Highway Administration approval prior to execution and auth-
orization to proceed with the preliminary engineering work.
In the event that acquisition of additional right-of-way is required
for these projects, the LPA agrees to comply with the right-of-way
acquisition a'nd relocation policies and procedures as follows:
a. If right-of-way costs are to be programmed for Federal Aid, the
LPA agrees to comply with all Federal and State laws, rules, and
regulations including Volume 7 of the Federal Aid Highway Program
Manual and PL 91-646, the Uniform Relocation Assistance and Real
Property Acquisition Policies Act (84 Stat. 1894).
b. If right-of-way costs are not to be programmed for Federal Aid,
the LPA agrees to comply with (1) All States rules and regula-
tions, (2) Title III of PL 91-646, the Uniform Relocation As-
sistance and Real Property Acquisition Policies Act (84 Stat.
1894) in the acquisition of right-of-way, and (3) Title II of
said Act and Volume 7, Chapter 5 of the Federal Aid Highway
Program Manual in the relocation of individuals, families,
businesses, farm operation, etc., if any are involved.
The LPA agrees that the STATE will act as the LPA's agent and make pay-
ments direct to the Railroads. The LPA's share of the cost for prelimi-
nary engineering and construction will be the total cost of the project
less the amount contributed by the Federal Government through Federal
Aid. The Federal share of all eligible cost is 90 % or such other
amount as may be allowed and provided by law. Payment for any and all
costs incurred by the LPA which are not eligible for federal funding
will be the sole obligation of the LPA. If for any reason the STATE is
required to repay to the Federal Highway Administration the sun, or su.s
Of federal funds paid to the LPA through the STATE under the ter.s of
tM-s Agreement, then the LPA will repay to the STATE such su™ or su.s
upon receipt of a billing from the STATE.
5. The LPA. their consultant and the Railroad wil, maintain all books
•documents, papers and accounting records and other evidence pertaining
incurred and Shall .a.e such materials available at their
~ ---e times during the contract period and
"--^ ^or inspection by the STATE. Federal Highway Administration
o-n. other authori^d representatives of the Federal Covernment and
"Pies thereof shall be furnished if requested
Administrat,on from any and al 1 Habi 1 i ty for any ac t or
d. suffered to . co.itted. or omitted to be done ^
- — .agent, employee, servant or contractor Of the ..."re
:r^^^'-^^^----~-rthisagree.ent.
— isg._„.,r
" --^^ contribute and pay .0 the ST.TE as ,
- Of the -A prot.on Of the railrl:
- — or. .pon the coMet.n 0 "^"^^^
U l,able under the terms of this agreement It
-der the Force Account A '° "^''-^'^
Account Agreement is more or less th.n t.
'ess than the estimated
3 of 6
'It ■■
cost at the tiir.e of the signing of the Force Account Agreement, the
LPA portion of thecost shall increase or decrease accordingly. In
no case shall the LPA pay the STATE less than 10 "> of the cost of the
Force Account Work. Changes in the Force Account Agreement will not
be made without approval of the LPA, the STATE and the Federal Highway
Administration.
8. This agreement shall be binding upon the parties hereto, their suc-
cessors or assigns.
9. In keeping with the intent of Indiana's MBE Affirmative Action Plan
and Federal Regulations concerning employment of minority business
enterprises, the LPA will follow procedures as out-lined in the State
MBE Affirmative Action Plan.
10. If a railroad crossing surface is to be constructed, a traffic control
plan will be a part of each LPA - Railroad agreerent. The plan will
be prepared by the LPA with assistance from the Division of Local
Assistance if necessary. The plan must be acceptable to the accept-
able to the State and FH'JA.
11. The LPA will be responsible for the placing, maintenance, and removal
of all traffic control devices necessary to comply with the traffic
control plan during the constr^jcti on of the project.
12. The LPA will submit the plan to the State for review in the preliminary
engineering phase. At the present time, projects, with a new crossing
surface may not advance to the construction phase unless an approved
traffic control plan has been included in the LPA - Railroad agreement.
1
IN WlTNtSS WH;^lOr the Stele of Ind1»n« *nd the IPA, through I*^Fir undersigned
respective officieU. hsve hereunto .ffixed'their signetures.
Clerk-Treasurer or County Auditor
Mayor, with (Board of Public Viorks
with (Town Board)
or (County Commissioners)
ATTEST:
Si gnature Helen v. Gochenour
Clerk for Public Works and Safety
(Print or type Name and lUle)
1^
Signature Mayor Win Moses, Jr.
Mayor Win Moses, Jr. -Fort Wayne, Indiana
(Print or type Name ano luie)
b1 gna~t(ure James Haley
As.
T
Chairman-Board of Public Works
(Print or type Name and lUle)
Dir. Administration and Finance
(Print or type Name and Title)
Si gnatilire Lawrence D. Consalvos
Approved as to legality and form
Linley E. Pea^^son
Attorney Genera) of Indiana
lera) of Indi
Dir. of Public Safety
(Print or type Name and Title)
STATE OF INDIANA
BY: INDIANA DEPARTMENT OF HIGHWAYS
Attest :
John P. Isenbarger
Director
Daniel A. Novreske
Chief Deputy Director
5 of 6
ACKNOWLEDGMENT
STATE OF INDIANA
COUNTY OF /LLu^
On this day of ^ F1L-Uj(^
19_2_^ there appeared before me, a Notary Public in and for said (County]
Jr'/). /l^.-J.^. and Zi/.^j 7/ ik-tMCc^cK^espectively.
of the Board of 7^^.°. 6<X,^ ly.-iT^^ of A ^*Y^-^-,-
and stated— that the above agreement was signed and attested in behalf
(jCit7)>
of said (County)
( Town)
WITNESS my hand and seal this day of (^^^-g^^^— ^
Not^y Publ ic
My Commission expires
ACKNOWLEDGMENT
STATE OF INDIANA
COUNTY OF MARION
On this yw-yZ day of /^^.-^..j , 19_
there appeared before me, a Notary Public in and for said County,
J0HNP.I5ENBARGER , Director of the Indiana Department
of Highways, and acknowledged the execution of above agreement in behalf
of the State of Indiana
WITNESS my hand and seal this /^-^t^,. day of
^ Notary Pifblic
Hy Commission Expires Q>^,^^^^/^ HILDWKTM L. SMITH
^ , RBsldent of Johnson County
Prepared by
■S. R.Yoder, Chief
division of Local Assistance
13
1
y
To Barpri B,
Memorandum
weg, Director Public Works
Frorr^^ ^^X^arl E. O'Neal, Director Transportation Engineering
Subject W. State & Conrail RR Crossing - Project RRP-F568 ( )
_Dal» Nov. 1, 1986
COPIES TO;
Mayor W. Moses
C. Simon
J. Haley
J. Yoder
Street Engineering
File, (2)
Cvl
\I1
Please find attached a fully executed agreement between the City
of Fort Wayne and the State of Indiana for the above referenced rail-
road project for your record and file. This agreement relates the
responsibilities of both parties in connection with the preliminary
engineering and future construction on the project.
Federal Aid Funds have been allocated and made available for the
preliminary engineering. The railroad is responsible for accomplishing
the greater portion of this stage and an executed agreement between
the City of Fort Wayne (L.P.A.) and the railroad will culminate the
preliminary engineering. Upon execution of the railroad agreement
by the L.P.A. , the agreement will be sent to the FHWA for approval
and authorization of construction funds. The State, at this time,
may give the railroad notice to proceed to construct the project
and will send a copy of the notice to the City of Fort Wayne including
the executed LPA-Railroad Agreement.
The approved preliminary engineering was programmed for FY-1987
which began less than a month ago, October 1, 1986. The construction
is programmed for FY- 1988 however. If we can encourage Conrail to
expedite the preliminary engineering as expediently as possible,
we may be able to move the construction phase up.
The funding is RRS/RRP, a separate pot Not M or MG Funds which
is 1007, obligated because of our success in obtaining funds in 1986.
The attached approval is a 1987 Transportation Engineering Goal
that we have accomplished in 1986, ahead of schedule. The Federal
share will be 90% and the City of Fort Wayne's share will be 10%
of an estimated $266,000.00.
If there are any questions concerning this matter, please call
Sincerely,
Carl E. O'Neal, Director
I
15
'3S5 SfP 30 f;| 3: /,e
September 30, igag
City of Fort Wayne
Boar,, of p.^Uc Works S Safety
City-County Building ^
One Main Street
Fort Wayne, IN 46802
SUBJECT: St t„ r,
• ""^^ "iSht-of-Way Staking
"embers of the Board:
City Engineer Jess Vnrf=
.or^th:: pL^s^"^^^ «oa^tpr1Sts°' ^^Ti"^ ^"^ ---"t
inis ietter 1= h=,-
Our services »ouId
"ouid propose tn ^PPraisal
agreement dated f *° P''"''"^ these services *
.« .... „„ , " " — PI.. .' ;~~* ™"
Sincerely
RLB:rs
Ro'ntTd l^'lr^--
Presiden; ^•
^"'"-^-'^ this
BOARD OF
PUBLIC S5fiKi-i-i,7^--
ATTEST:
RESOLUTION
76-124-10
WHEREAS it can be a hardship on the senior citizens of Fort
Wayne to provide continuous access to their water meter, result-
ing in increased utility bills from missed reads; and,
WHEREAS the Board of Public Works has the authority to establish
the charges for various services of the Water Utility; and,
WHEREAS it is in the best interests of the Water Utility and the
citizens of the City of Fort Wayne to reduce the number of
missed reads and call backs;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Public Works
has established a reduced remote installation charge, available
to all senior citizens of the City of Fort Wayne, provided they
be at least sixty (60) years of age, reside within the City
limits of Fort Wayne, and currently have the water service in
their name, for their primary residence only, the following
reduced charge, based on the following meter sizes:
Payment for the remote meter installation may be made in one
payment, or, at the option of the customer, in ten (10) equal
installments.
5/8 inch
3/4 inch
$
$
$
$
20.00
30. 00
30.00
33 . 00
1 inch
1-1/2 inch
BOARD OF PUBLIC WORKS
ATTEST:
WATER main-hmprovemInt
RESOLUTION NO. 10371986
RKSOLVH) BY THE BOAKD OF PUBLIC WORKS AHD SAFKTt OF THE CITt OF FORT MAYHK.
STATE OF INDIANA, That the construction of a systea of water mains, intended
and adopted for local use by the property holders in the tract to be iaproved
and also, the requircKnts of other real estate to be served with extensions,
be and the saae is hereby ordered in and along PROVINCE AND RIVER PARK DR. ,
IN CONCORDIA GARDENS.
Said water main, with all its appurtenances, shall be constructed in accordance
with the plans and specifications now on file in the office of the Department
of the Public Works and Safety of said City.
The cost of said improvement shall be apportioned against and paid by the pro-
perty holders benefited, and upon the City of Fort Wayne, Indiana, if the City
Is benefited by said improvement, all according to the method and manner pro-
vided for in the Acts of the General Assembly of the State of Indiana, and the
provisions of all Acts amendatory thereto and supplemental thereof.
Assessments, if deferred, are to he paid in ten equal annual installments with
Interest at the rate set by the Board of Public Works and Safety, per annum,
and shall be financed by the Barrett Law Revolving Improvement Fund as pro-
vided for in the above entitled acts. All proceedings and any work done in
said water main Improvement, assessment of property, collection of assessments
* and issuance of bonds, therefore, shall be as provided for in said above en-
titled acts and all amendments thereto and supplemental thereof.
ADOPTED this g?/ day of . 19 86 .
ATTEST:
HELEN V. GOCHENODR, CLEBK
BOARD OF PUBLIC WORKS AND SAFETY
C^R
H.^^S HALEY, ACTING DIREClXjR
6TTE V/. SIMONX DIRECTOR
ADMINISTRATION &1finANCE
LAWRENCE D. cmSALVOS, DIRECTOR
PDBLIC SAFETY
1
CONTRACT FOR ENGINEERING SERVICES
FOR
WASTE ACTIVATED SLUDGE THICKENING FACILITIES
FOR
PAUL L. BRUNNEK WATER POLLUTION CONTROL PLANT
BY AND BETWEEN THE
CITY OF FORT WAYNE, INDIANA
AND
HOWARD NEEDLES TAMMEN i BERGENDOFF
ARCHITECTS ENGINEERS PLANNERS
INDIANAPOLIS, INDIANA
AGREEMbNT
THIS AGREEMENT, by and between the CITY OF FORT WAYNE, INDIANA, acting
by and through its Board of Public Works, hereinafter referred to as the
OWNER, and HOWARD NEEDLES TAMMEN 6. BEKGENDOFF, a partnership, hereinafter
referred to as the ENGINEER, WITNESSETH THAT:
WHEREAS, the OWNER has developed and adopted a Master Plan for Waste-
water Facilities dated November 19ti5; and
WHEREAS, the Master Plan for Wastewater Facilities, November 19ti5,
outlined the need for evaluation of thickening techniques tor thickening
waste activated sludge to provide for energy conservation and efficient use
of available digester capacity; and
WHEREAS, the OWNER has adopted the Waste Activated Sludge Thickening
Facilities Evaluation Report by the the ENGINEER dated September lyab, and
WHEREAS, it is desirable and necessary to undertake improvements for
waste activated sludge thickening facilities in accordance with the
Waste Activated Sludge Thickening Facilities Evaluation Report, September
198b, and
WHEREAS the ENGINEER agrees to perform for the above named project
professional services as hereinafter set forth; and
WHEREAS the OWNER agrees to employ and does hereby employ the ENGINEER
for the services herein set forth and agrees to pay the ENGINEER for such
services, in current funds, the fee set forth in Article 3 of this
Agreement, and
-1-
NOW, THEREFORE, the OWNER and the ENGINEER, for the consideration
named herein, agree as follows:
ARTICLE 1. THE ENGINEER'S SERVICES.
A. Upon written authorization by tlie OWNER for design engineering
services, the ENGINEER shall perform within 120 days as follows:
1. Prepare drawings and specifications, per Waste Activated
Sludge Thickening Facilities Evaluation Report, September 198b suitable for
review by the OWNER and State agencies.
2. Provide the OWNER with one (1) set of the approvable bidding
documents together with final estimates of the project cost.
3. Prepare other necessary contract documents so that the project
is ready for public bidding.
A. Assist the OWNER in solicitation of project bids.
5. Distribute bidding documents to prospective bidders.
6. Distribute bidding documents to contractor service organiza-
tions (Construction League and F.W. Dodge).
7. Review and evaluate the bidding documents with the OWNER and
State Agencies.
8. Recommend to the OWNER award of contract to the lowest and
best responsive, responsible bidder.
B. Additional services in connection with the project not otherwise
provided for In this Agreement may be arranged for between the ENGINEER and
the OWNER and incorporated Into this Agreement.
ARTICLE 2. DUTIES OF THE OWNER. The OWNER agrees to provide the ENGINEER
with complete information concerning the requirements of the project and to
perform as follows:
-2-
A. Make available all prior studies, reports, permits, applications,
and all records pertaining to the subject wastewater facilities.
B. Provide access to and make all provisions for the ENGINtEK to
enter upon the premises of the Paul L. Brunner Water Pollution Control
Plant as required for the ENGINEER to perform such work as surveys and
Inspections in the development of the project.
C. Give thorough consideration to all reports, sketches, estimates,
drawings, specifications, proposals, and other documents presented by the
ENGINEER, and shall Inform the ENGINEER of all decisions within a reason-
able time so as not to delay the work of the ENGINEER.
D. Promptly hold all required special meetings, serve all required
public and private notices, receive and act upon all protests, and fulfill
all requirements necessary in the development of the project Including
legal and fiscal services and pay all costs incidental thereto.
E. Furnish the ENGINEER with a copy of any design and construction
standards he shall require the ENGINEER to follow in the preparation of
contract documents for the project.
F. Appoint an OWNER'S representative with respect to the work to be
performed under this Agreement; and such person shall have complete author-
ity to transmit instructions, receive information, and interpret and define
OWNER'S policies. The ENGINEER shall be entitled to rely on all represen-
tations made by the OWNER'S representative unless otherwise directed in
writing by the OWNER.
G. Furnish groundwater and soils analyses , laboratory analysis ,
sampling data on wastewater and sludge characteristics, and flow measuring
data of wastes.
-3-
H, Sign and file for all necessary approvals from regulatory agencies
and to pay all cost Incidental thereto.
I. Upon notice, promptly inform the ENUINtER of any changes or
defects in the project.
J. Furnish all labor for any necessary operations of the equipment
and appurtenances of the existing facilities as may be required by the
ENGINEER.
K. Furnish information on soil and underground conditions at the
project site.
ARTICLE 3. PAYMENTS TO THE ENGINEER. For the services rendered under this
Agreement, the ENGINEER shall be paid a lump sum amount of Ninety-three
Thousand Eight Hundred Dollars ($93,80U). Partial payments shall be made
to the ENGINEER based upon monthly billings proportionate to the ENGINEER'S
estimate of work completed.
For any services heretofore described in this Agreement, but for which
no estimated costs have been included, appropriate methods of compensation
shall be incorporated into this Agreement upon approval by both parties.
ARTICLE 4. DESIGN CREDIT. Whenever renderings, photographs of renderings,
photographs of models, or photographs of the project are released by the
OWNER for publicity, proper credit for engineering shall be given to the
ENGINEER, provided the giving of such credit is without cost to the OWNER.
ARTICLE 5. SUCCESSORS AND ASSIGNMENTS. The OWNER and the ENGINEER each
binds himself, his partners, successors, executors, administrators, and
-4-
18
assigns to the other party of this Agreement, and to the partners, suc-
cessors, executors, administrators, and assigns ot such party in respect to
all covenants of this Agreement.
ARTICLE b. OWNERSHIP OF DOCUMENTS. All reports and other work product ot
the ENGINEER for this project are instruments of service for this project
only and shall remain the property of the ENGINEER whether the project is
completed or not. Reuse ot any of the instruments of service ot the ENGI-
NEER by the OWNER on extensions of this project or on any other project
without the written permission of the ENGINEER shall be at the OWNER'S
risk, and the OWNER agrees to defend, indemnify, and hold harmless the
ENGINEER from all claims, damages, and expenses including attorneys' fees
arising out of such unauthorized reuse of the ENGINEER'S instruments of
service by the OWNER or by others acting through the OWNER. Any reuse or
adaptation of the ENGINEER'S instruments of service occurring after the
written agreement of the ENGINEER may entitle the ENGINEER to turther
compensation in amounts to be agreed upon by the OWNER and the ENGINEER.
ARTICLE GOVERNING LAWS. This Agreement shall be governed by the law of
the State of Indiana.
ARTICLE 8. GENERAL CONDITIONS. In the event any provisions of this
Agreement shall be held to be invalid and unenforceable, the remaining pro-
visions shall be valid and binding upon the parties. One or more waivers
by either party of any provision, term, condition, or covenant shall not be
construed by the other party as a waiver of a subsequent breach of the same
by the other party.
-5-
i
19
\
AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT, made on the
day of September , 19 86 , by and
between PRC Engineering, Inc. 303 E. Wacker Drive, Chicago, IlUnois, 60601, herein-
after called the Engineers, and the City of Fort Wayne, One Main Street, Fort Wayne,
Indiana 't6802, hereinafter called the City.
WITNESSETH:
That the Engineers and the City, for consideration hereinafter named, agree as
follows:
The Engineers agree to render the following professional services in connection
with the transportation corridor study of Illinois Road from Jefferson Boulevard to the
1-69 interchange with Illinois Road and Jefferson Boulevard from approximately St.
Mary's River to the Time Corner Shopping Area.
ARTICLE 1 - Scope of Work
The Engineers shall perform the work plan described in this Agreement in a fully
satisfactory and proper manner, consistent with generally accepted engineering stan-
dards and practices.
1
1. Definition of Existing Conditions
Existing traffic count data, including turning movements at intersections, will
be obtained from the City and reviewed for sufficiency. Copies of previous
studies, plans, ordinances, standards zoning and land use maps will also be
obtained. Actual speed and delay measurements will be taken during peak
hours, for both study corridors. Spot speed measurements will be made at key
locations. Existing roadway geometry will be measured to determine number
of existing lanes and lane widths. Aerial photogrpahy will be obtained for
later use as a base vehicle for presenting improvement recommendations.
During the field survey of the corridors, particular attention will be given to
identifying locations where conflicts occur between through traffic and local
access traffic, and determining the cause of the conflict. Available accident
information will be obtained for both corridors.
Once collected, this information will be evaluated to determine the magnitude
and specific location of existing traffic flow problems. Capacity analyses will
be performed for each signalized intersection, utilizing ICASP, the PRC
Engineering traffic signal analysis program. Roadway capacity analysis will be
determined for each different cross section within the corridors.
Accident information will be evaluated to identify any high accident locations
and underlying causes. Existing geometry will be examined to ascertain
locations where deficient geometry adversely affects traffic operation. The
history of traffic growth will be examined to establish short term growth
trends.
With the conclusion of the first work task, a complete picture of the existing
conditions will be available, and problem areas identified and quantified. The
findings of this first task will address the population growth within the Aboite
Township and the effect that the population growth is having upon traffic flow
within and through the Study Area.
2
2. Determination of Future Traffic Problems
An evaluation of future conditions will be made by using the Year 2005
Transportation Plan as a basis for traffic projections. The impact of these
future traffic volumes upon existing residential neighborhoods will be
Identified. The anticipated land use will be utilized to determine localized
effects upon movement of traffic within the corridors. Capacity analyses will
be performed, using year 2005 data, to determine anticipated Levels of
Service and utlimate Improvement requirements. These determinations will be
utilized in assuring that any short-term localized roadway improvements are
compatible with future needs for the corridors.
3. Development of a Schematic Plan
With the locations and magnitudes of existing traffic flow problems defined,
and utlimate corridor requirements determined, an Improvement plan will be
developed. Intersection capacity analyses utilizing Intermediate stage traffic
volumes will be performed and minimum Improvement requirements
established. Optimum signal timing will be determined. Recommendations for
geometric Improvements will be made, based upon existing configuration and
spot speed data, where modification would result in improved traffic flow.
Where network changes and/or access control have potential for mitigating
anticipated problems, those measures will be identified and recommended.
Alternatives will be provided as required. All alternatives and
recommendations will examine the impact they will have to the residential
neighborhoods. The end result of this task will be a schematic plan for
roadway improvement which delineates number of lanes, geometric and system
modifications, slgnalizations and road closings or access control.
Throughout this stage of work on the project, close coordination will be
maintained with the Project Management Board. A completed schematic plan
and two Interim reports (at approximately day 20 and day W of the contract
period) will be presented to the City for review and comment. It will contain
specific proposals for alleviation of anticipated conflicts between commuter
through trips and local access trips.
3
Preparation of a Transportation Plan
The final stage of work will utilize the schematic plan, and City review
comments. It will include listings of specific project packages, with
implementation tied to the extent of existing problems and development of
land within the Study Area. The Plan will include estimates for project cost.
Improvement proposals will be shown on an aerial photo base on a 1"=100' scale
showing existing land uses and curb costs (except the Time Corner Area and
the itersection of Old Illinois Road and Jefferson Boulevard, which shall be
shown on a 1"=50' scale drawings), with sufficient detail to assure that all
important features can be included when project implementation was
warranted. A concise report will be prepared which sets forth the entire
improvement plan and the basis for the improvement recommendations. After
final review by the City the results and findings will be presented to the City
Plan Commission.
ARTICLE 2 - Existing Data
The City agrees to provide the Engineers the following reports and any other data
pertinent to this study:
1. City of Fort Wayne Comprehensive Plan
2. Allen County Comprehensive Plan
3. Fort Wayne, New Haven, and Allen County Year 2005 Transportation Plan
(June, 1986)
*. Jefferson Boulevard, U.S. 24 Corridor Study (July, 1986)
5. Illinois Road Access Plan (October, 1980)
6. City of Fort Wayne's Zoning Ordinance and Zoning Map
7. Allen County Zoning Ordinance and Zoning Map
8. City of Fort Wayne's Existing Land Use
9. Allen County's Existing Land Use
10. Traffic Counts on Major Streets within the Study Area
11. Fort Wayne/Allen County Access Manual Standards
12. Aerial photography at a 1"=100' scale on a reproducible base.
13. Accident data summaries for Jefferson Boulevard and Illinois Road within
the limits of the study
ARTICLE 3 - Basis of Payment
The City agrees to pay the Engineers as compensation for all service rendered in
accordance with this Agreement a Lump Sum Fee of $29,500.00 (Twenty-nine Thousand
Five Hundred Dollars).
Payment to the Engineers for service rendered will be made as soon as practicable
in accordance with the following schedule:
a. Upon completion of tasks 1, 2 and 3 as defined in the Scope of Work
payment to be 60% of the Lump Sum Fee.
5
b. Upon apptoval of the Final Report, payment to be the balance of the Lump
Sum Fee.
The Engineers agree that all work will be completed within 60 days of the date of
a written Notice to Proceed.
ARTICLE » - Reimbursable Expenses
Reimbursable expenses, authorized by the City, are in addition to fees for Basic
Services, listed in Article 3. Reimbursable expenses will be payable upon presentation
of itemized expenses incurred in connection with this project as follows:
Actual cost of reproductions of Final Report in excess of 25 copies at commercial
rates.
Express delivery service when such service is requested by the City.
Reimbursable expenses will be charged on basis of actual out-of-pocket expense.
ARTICLE 5 - AMENDMENTS
Changes in the terms and conditions of this contract, or in the scope of services
to be performed hereunder may, from time to time, be deemed necessary or desirable.
Such changes, including any increases or decreases of compensation for services
performed pursuant hereto, which are mutually agreed to between the City and the
Engineers, must, to be effective, be incorporated in written amendments to this
Agreement.
ARTICLE 6 - MAINTENANCE OF RECORDS
Records must be maintained by the Engineers, and be available for inspection by
the City to show actual time involved in accomplishment of the services, costs
incurred, and other items necessary to substantiate the Engineers' invoices.
6
ARTICLE 7 - AFFIRMATIVE ACTION PROGRAM
In connection with this Agreement the Engineers agree to comply with the City's
EEO/AA 8/1/81 requirements.
ARTICLE 8 - LIABILITY INSURANCE
The Engineers shall maintain in force during the period of performance of this
contract, and for at least one (1) year thereafter, the following policies of insurance
with responsible insurance carriers;
(a) Comprehensive General Liability, including Contractor's Protective
Liability, Contractual Liability, and Personal Injury Liability, with a
combined single limit for both bodily injury and property damage of at least
$2,000,000 per occurrence.
(b) Automobile Liability (including coverage for owned, leased, used, hired and
borrowed vehicles), with a combined single limit for both bodily injury and
property damage of at least $1,000,000 per occurrence.
(c) Professional Liability, with a combined single limit of at least $1,000,000
per occurrence.
(d) Statutory Worker's Compensation Insurance with limits of at least $500,000.
ARTICLE 9 - ASSIGNABILITY
The Engineers shall not assign any interest in this contract, and shall not transfer
any interest in the same (whether by assignment or novation), without the prior written
consent of the City.
7
ARTICLE 10 - TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon seven (7) days
written notice should the other party fail substantially to perform in accordance with
its terms through no fault of the party initiating the termination.
B. This Agreement may be terminated by the City upon at least seven (7) days
written notice to the Engineers in the event the project is permanently abandoned.
C. In the event of termination that is not the fault of the Engineers, the
Engineers shall be compensated for all services performed to the termination date,
together with reasonable termination expenses.
ARTICLE 11 - GOVERNING LAW
The Agreement shall be interpreted under and governed by the laws of the State
of Indiana.
ARTICLE 12 - SEVERABILITY
In the event that any of the terms or provisions of this contract are declared void
or unenforceable for any reason, the remaining terms and provisions of the contract
shall remain in full force and effect and shall not be affected thereby.
8
IN WITNESS THEREOF, the parties hereto, by their duly authorized officer,
have caused their hands to be set the day and year first above written.
CITY:
CITY OF FORT WAYNE
By:
WITNpS:
u
THE ENGINEERS:
WITNESS:
PRC ENGHlEERINGj^NC
Bv: ^ '
DIVISION VICE PRESIDENT
9
20
AMENDED
t^J. 71-// 9 -^^-^
WATER MAIN IMPROVEMEMT
BESOUUTIOIM NO. 1 0 3 5 1 98 6
AMENDED
WATER MAIN IMPROVEMENT
RESOLUTION NO. 103&1986
EMERGENCY RESOLUTION # 76-119-10
WHEREAS, the WPC Plant had to increase their needs for
Ferrous Sulfate due to an increase in plant flow during the early
summer months
WHEREAS, Department needs have exceeded the orignial bid
#2226
WHEREAS, the Board of Public Works and Safety hereby
declares an emergency does exist and orders the Purchasing
Department to issue a purchase order to Worthington Steel in the
amount of $27,000.00
ATTEST:
nelen V. Gochenour, Clerk
\
Haley,
Haley, Acting Direc^
d of Pubift Works
rence D. Consalvos, Director
Board of Public Safety
20
AMENDED
HJ. -71'// 9 -3^^/^^/^^
WATER MAIN IMPROVEMENT
RESOLUTION IMO. 103519O6
AMENDED li-//^ -^3
WATER MAIN IMPROVEMElIf
RESOLUTION NO. 1036is86
BESOLVED BT THE BOABD OF PUBLIC HOBKS AND SAFETT OF THE CITT OF FORT K&TNE,
STATE OF INDIANA, That the construction of a systea of water nalns. Intended
and adopted for local use by the property holders in the tract to be Improved
and also, the requlreaents of other real estate to be served with extensions,
be and the sane Is hereby ordered in and along LDDWIG PAKK DRIVE, from the
east property line of Lot 45, eastward to the west property line of Lot
LDDWIG PARK ADDITION.
Said water main, with all its appurtenances, shall be constructed in accordance
with the plans and specifications now on file in the office of the Department
of the Public Works and Safety of said City.
The cost of said inprovesent shall be apportioned against and paid by the pro-
perty holders benefited, and upon the City of Fort Wayne, Indiana, if the City
is benefited by said Improvement, all according to the method and manner pro-
vided for in the Acts of the General Assembly of the State of Indiana, and the
provisions of all Acts amendatory thereto and supplemental thereof.
Assessments, if deferred, are to be paid in ten equal annual installments with
interest at the rate set by the Board of Public Works and Safety, per annum,
and shall be financed by the Barrett Law Revolving Improvement Fund as pro-
vided for in the above entitled acts. All proceedings and any work done in
said water main Improvement, assessment of property, collection of assessments
and issuance of bonds, therefore, shall be as provided for in said above en-
titled acts and all amendments thereto and supplemental thereof.
ADOPTED this _£Jl"^ay of
ATTEST:
HELEN V. GOCHENODR, CLERK
BOARD OF PUBLIC WORKS AND SAFETI
•A. atfXS.S HAI^tT ACTINGDIRECTbR
LAWRENCE D. CCXISALVOS, DIRECTOR
PUBLIC SAFETY
20
AMENDED M/ 7^// F "^^9 /j ^
WATER MAIN IMPROVEMENT
RESOLUTION NO. 10351936
RESOLVED BY THE BOABD OF PUBLIC VORKS AND SAFETY OF THE CITY OF FORT WAYME.
STATE OF INDIANA, That the construction of a systea of water nalns. Intended
and adopted for local use by the property holders in the tract to be Improved
and also, the requlreaente of other real estate to be served with extensions,
be and the same is hereby ordered in and along GARDEN PARK DRIVE, from
CLINTON STREET TO ITS TERMINUS, in CONCORDIA GARDENS ADDITION.
Said water main, with all its appurtenances, shall be constructed in accordance
with the plans and specifications now on file in the office of the Department
of the Public Works and Safety of said City.
The cost of said improvement shall be apportioned against and paid by the pro-
perty holders benefited, and upon the City of Fort Wayne, Indiana, if the City
Is benefited by said improvement, all according to the method and manner pro-
vided for in the Acts of the General Assembly of the State of Indiana, and the
provisions of all Acts amendatory thereto and supplemental thereof.
Assessments, if deferred, are to be paid in ten equal annual installments with
Interest at the rate set by the Board of Public Works and Safety, per annum,
and shall be financed by the Barrett Law Revolving Improvement Fund as pro-
vided for in the above entitled acts. All proceedings and any work done in
said water main improvement, assessment of property, collection of assessments
and Issuance of bonds, therefore, shall be as provided for in said above en-
titled acts and all amendments thereto and supplemental thereof.
ADOPTED this J</ day of v^S^.c/:' > 19 ^ •
BOARD OF PUBLIC WORKS AMD SAFETY
PUBLIC SAFETY
21
EMERGENCY RESOLUTION 76-117-1
WHEREAS, the Three Rivers Filtration Plant No. 9 High Service Pump
has become inoperable due to excess power usage and extreme vibration; and
WHEREAS, this is a 17 million gallon per day capacity pump supplying
drinking water and fire protection needs for the City; and
NOW, THEREFORE the Board of Public Works and Safety hereby declares an
emergency does exist and orders the Purchasing Department to issue a purchase
order to Fairbanks Morse, for disassembly and inspection of the high service
pump.
Jlm\Haley , Director
BoaAi of Works
Cosette R.
Adminis tra
Simon, )Director
tton_^ apd^ Finance
Lawrence D. Consalvos, Director
Board of Public Safety
ATTEST:
Helen V. Gochenour, Cle'rk
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT, made and entered into on this "day
of -J P^J I^-yi ) ' 1986, by and between the BOARD OF
COMMISSIONERS OF THE COUNTY OF ALLEN (hereinafter referred to as
the "County"), and the CITY OF FORT WAYNE BY AND THROUGH ITS
BOARD OF PUBLIC WORKS AND SAFETY (hereinafter referred to as the
"City") .
WITNESSETH :
WHEREAS, Complete Auto Transit and Auto Truclt has
indicated it will make a substantial investment in this community
and create an additional number of new jobs, should sanitary
sewer be provided to the site just west of the General Motors
Truck Assembly Plant; and,
WHEREAS, the State of Indiana has offered financial
assistance in an amount not to exceed $100,000.00 to Allen County
to be used for the construction of sanitary sewer facilities to
be provided to the Complete Auto Transit/Auto Truck Project Site,
which the County has agreed, to the extent of said grant, to
provide to the City; and,
WHEREAS, the remainder of the cost of the sanitary
sewer facilities will be born by the property owners as evidenced
in a Joint Venture Agreement entered into on May 27, 1986; and
WHEREAS, the City will be responsible for selecting the
contractor ( s) for said project, and the overseeing of the actual
installation in accordance with I.e. 36-1-12-1 et seq.
NOW, THEREFORE, it is agreed as follows:
1. The County agrees to the extent of the funds
provided by the State to pay claims submitted by the City for the
above-referenced project, in a timely manner. Said claims shall
be verified and based upon actual contractor's expenses incurred.
2. Attached hereto and made a part hereof is a copy
of the Grant Agreement entered into between the Board of
Commissioners of the County of Allen and the State of Indiana.
The City agrees to comply with all terras and conditions of said
Grant Agreement and further agrees to hold harmless the County
from and against any and all claims, demands or losses arising
out of any act or omission in violation of said Agreement, or the
Project .
Upon completion of the project, an independent CP. A.
firm will be hired to audit the financial records of the grant as
required by the State and the City shall furnish any and all
financial records and data relating to the project required by
said CP. A. firm.
4. This Agreement shall be construed in accordance
with I.e. 36-1-7 et seq. and the effectiveness is subject to all
legal and necessary approvals as follows:
A. Approval of the fiscal bodies, by ordinance
or by resolution, of the City of Fort Wayne, Indiana (its
City Council) and Allen County, Indiana (its County Council)
pursuant to I.C. 36-1-7 et seq.
B. Recordation of this Agreement with the Allen
County Recorder; and,
C. Within sixty (60) days from the effective
date of this Agreement, a copy of same shall be filed with
the State Board of Accounts for audit purposes.
6. This Agreement and responsibilities hereunder,
shall terminate upon the close-out of the state grant. Said
close-out shall include the resolution of all audit findings if
any shall exist.
IN WITNESS WHEREOF, this Agreement has been signed by
the parties on the dates below indicated.
CITY OF FORT WAYNE, INDIANA
BY AND THROUGH ITS , BOARD OF
PUBT/fC WORKS AND SAFRTY
Dated: ^-/ 7 - RC.
ATTEST :y />
2
3
-?£ -///-
Sheet 1 of 3
The City of Fort Wavne, Indiana
and its Board of Public .Works and Safety
hereinafter referred to as the Board, and General Telephone Company of Indiana
(utility)
hsreinafter referred to as the Ferr.ittee. hereby acree that utility facilities
consisting of Lines, poles, underground facilities and other appurtenances.
located at the following described location on Coliseum Boulevard from
Lake Avenue to U.S. #33 (Goshen Road)
Ere hereby granted permit to be located within the hiohwsy right-of-way in
accordance with the attached drsi-.inoE or if no draKdnos ere attached, the
utility facility v,-ill be placed ac.-.acen' to the preserrl utility facilities and
within the street ri ght-o: -ivay line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following terms and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and accc-nmodated in a manner that will not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. Tne Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road inyrove-
ment necessitate when so requested by the Esard and assu3ie the cost thereof,
except where Permittee has a compensable property right therein or \Aere
reimbursement of such costs is provided for by law.
; _ Sheet 2 of 3
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, -and to obtain a permit before performing any of these
functions on such facilities located within the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature v.hstsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
A. During the progress of any construction undertaken within the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety. and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they were when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply vdth the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highway Rights-of-
'•'.'ay by Utilities 1971".
23
I I.
Sheet 3 of 3
BOARD OF PUBLIC WORKS & SAFETY
CITY OF FORT WAYNE, INDIANA
ATTEST:
Helen v. Gochenour, Clerk ~
Board of Public Works
Date: 9 ~ Z"^- 7 L
General Telephone Company
of Indiana, Inc.
Dan A. Ahlersfceyer
Kathleen Moop^', Clerk-Ty/lst
Date: Vx^T^Lt^;!,
Engineering Supervisor-Network Facilities
Date : / ^ .
f - /O
\
uri LiTY A?.g3.'.afr
The City of Fort Wayne. Indiana
and its Board of Public .Works and Safety
hereinafter referred to as the Board, and ComCast Cable
76- /''/-2-2
Sheet 1 of 3
(utility)
hereinafter referred to as the Fern-.ittee, hereby scree that utility facilities
consisting of Lines, underground facilities and other appurtenanrpg
located at the following described location on Coliseum Boulevard from
Lake Avenue to U.S. V^33 (Goshen Road)
ere hereby Granted permit tc be located within the highway right-of-way in
accordance Kith the attached drawings or if no drawings are attached, the
utility facility will be placed adjacent to the present utility facilities and
within the street right-of-way line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following terms and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the rioht-of-
wsy limits will be located and accommodated in a r,= nner that i-.ill not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. Tne Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve-
ment necessitate when so requested by the Board and assume the cost thereof,
except where Permittee has a compensable property right therein or v*ere
reimbursement of such costs is provided for by law.
28
: _ Sheet 2 of 3
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before performing any of these
functions on such facilities located ivithin the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature vihstsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
A. During the progress of any construction undertaken within the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety. and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any hi9hv.-ay shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they v/ere when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highv.3y Rights-of-
'.'.'ay by Utilities 1971".
2d
Sheet 3 of 3
BOARD OF PUBLIC WORKS & SAFETY
CITY OF FORT WAYNE, INDIANA
ATTEST :
Date : <^ - ~f G
Lawjfence D. Consalvos, Member
Helen V. Gochenour, Clerk
Board of Public Works
Authbrized representative of Permittee
Date
Sheet 1 of 3
UTILITY A?.e3.'.a'f7
The City of Fort Wayne . Indiana
and its Board of Public .Works and Safety
hereinafter referred to as' the Board, and NIPSCO (gas)
(utility)
hsreinsfter referred to as the Pern-.ittee, hereby agree that utility facilities
consisting of NIPSCO 's under ground-gas mains - .
located at the follovdng described location on Coliseum Boulevard from
Lake Avenue to U.S. V>33 (Goshen Road)
are hereby Granted permit tc be locsted within the highway right-of -v.ay in
accordance with the attached drsv.inos or if no drawinoE are attached, the
utility facility will be placed adjacent to the present utility facilities and
within the street right-o: -way line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the follomng terms and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and accommodated in a manner that will not impair
the planned highway, or its construrtion, or maintenance or interfere with its
safe operation.
2. Tne Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve
ment necessitate when so requested by the Board and assume the cost thereof,
except where Permittee has a compensable property right therein or v;here
reimbursement of such costs is provided for by law.
Sheet 2 of 3
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before performing any of these
functions on such facilities located ivithin the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature ^^hstsoev6^ arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4. During the progress of any construction undertaken vvdthin the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety. and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained st
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Ibon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they v/ere when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Cora-
mission Policies Covering the Use and Occupancy of Public Highv^ay Rights-of-
'.Vay by Utilities 1971".
Sheet 3 of 3
BOARD OF PUBLIC WORKS & SAFETY
CITY OF FORT WAYNE, INDIANA
Board of Publ ic Works
Date:
Sheet 1 of 3
The City of Fort Wavne, Indiana
and its Board of Public .Works and Safety
hereinafter referred to as the Bosrd, and Indiana 6. Michigan Electric Company
(utility)
hsreinsfter referred to as the Perrt.ittec, hereby scree that utility facilities
consisting of lines, poles, underground facilities and other appurtenances
located at the following described location on Coliseur; Boulevard from
Lake Avenue to U.S. V'33 (Goshen Road)
are hereby- granted permit Ic be locsted v.ithin the highv.^y rioht-of-v.cy in
Bcccrdance v>ith the attached drav.ings or if no crav.inos ere attached, the
utility facility vdll be placed ad;.scent to the present utility facilities and
within the street richt-o: -v.sy line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following terms and conditions:
1. The above described utility facilities to be ret.ained, installed,
adjusted or relocated on, over, along or under the highway within the richt-of-
v.-sy limits will be located and acccanodated in a r.^nner that v.ill not impair
the planned highway, or its construction, or maintenance oi: interfere hith its
safe operation.
2. Tne Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve-
ment necessitate when so requested by th-, Soard and assu3ie the cost thereof,
except v.'here Permittee has a compensable property rioht therein or vAiere
reimbursement of such costs is provided for by law.
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, -and to obtain a permit before performing any of these
functions on such facilities located within the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature i\hatsoevEr arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4. During the progress of any construction undertaken within the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety. and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they v/ere v/hen work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highv/ay Rights-of-
'•■.'ay by Utilities 1971".
23
Sheet 3 of 3
BOARD OF PUBLIC WORKS & SAFETY
CITY OF FORT WAYNE. INDIANA
Lawrence D. Consalvos, Member
ATTEST :
INDIANA & MICHIGAN ELECTRIC COMPANY
Helen V. Gochenour, Clerk
Board of Publ i c Works
Engineering Supervisor
Date:
Date: September 9, 1986
Authorized representative of Permittee
Date:
RESOLUTIONS OF THK RnaRp pp PTTRT.TC WORTCR RMn .^api^mv
OF THE CTTV OF FORT WAYNE. INDTflMa
COMES NOW, the Board of Public Works and Safety of the City
of Fort Wayne, Indiana, and hereby resolves as follows:
BE IT RESOLVED, that approval is hereby given for the Board
to enter into an Interlocal Cooperation Agreement, between the City
of Fort Wayne, by and through its Board of Public Works and Safety
and the Board of Commissioners of the County of Allen, for
construction of sanitary sewer facilities to be provided to the
Complete Auto Transit/Auto Truck Project Site, to be located just
west of the General Motors Truck Assembly Plant;
BE IT RESOLVED, that the Interlocal Cooperation Agreement
is approved in all respects; and
BE IT FURTHER RESOLVED, that the Board members are hereby
empowered and authorized to execute said Agreement.
IN WITNESS WHEREOF, the above Resolutions have been passed
this loth day of September, 1986.
BOARD OF PUBLIC WORKS AND SAFETY
OF THE^ITY OF FORT WAYNE, INDIANA
ATTEST:
BY
Lawrence D. Consalvos, Dire
of Public Safety
irector
Helen V. Gochenour
Clerk
24
. * AGREEMENT '^/ja/
k for
Si
SEWER EXTENSION '
THIS AGREEMENT, made in triplicate, this 10th day of July . 1986, by
and between DON MERRYMAH & CAROLYN MERRYMAN . Husband & Wife,
Rnt.prprises , Inc. '
Garner / hereinafter referred to as "OWNER" and the CITY OF FORT WAYNE,
INDIANA, by and through its Board of Public Works 6. Safety hereinafter referred
to as "CITY", WITNESSETH, THAT:
WHEREAS, the "OWNER" desires to construct a local sanitary sewer described
as follows;
See description attached hereto, made a part hereof,
and marked "Exhibit A."
in accordance with plans, specifications, and profiles heretofore submitted
to and approved by "CITY" and now on file in the Office of the Chief Engineer
of the Water pollution Control Engineering Department of "CITY" and known as
car Wash Sanitary Sewer
Georgetown/s drawn by Martin-Riley under their Commission Number 8611
dated May 9 , 19^, which plans, specifications, profiles are by reference
incorporated herein and made a part hereof, which sewer will serve not only
land in which the "OWNER" has an interest, but also an adjoining land areas,
and ;
WHEREAS, the cost of construction of said sewer is represented to be $7,700.0
composed of $6,000.00 for construction costs, $1,000.00 for engineering
services, $200.00 for legal fees and $ 500.00 for City Engineering and
Inspection Fees.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
and agreements hereinafter set forth, the parties hereto agree as follows:
1. CONSTKDCTION OF SEWER
"OWNER" shall cause said sewer to be constructed and located in accordance
with said plans, specifications and profiles all approved by "CITY" under
private contract to be let within sixty (60) days after requisite "CITY"
approval. ^
2-
All work and materials shall be subject to inspection by "CITY" and the
right of "CITY" to halt construction if there shall be noncompliance
therewith. Siad sewer shall not be deemed completed and/or permanently
connected into the sewer system of "CITY" until final acceptance by "CITY".
Upon acceptance by "CITY" said sewer shall become the property of "CITY"
and "CITY" shall accept sewage therefrom subject to such sewage service
charges as may now or hereafter be regularly established by "CITY" and
all further maintenance thereafter shall be borne by "CITY".
2. COST OF CONSTRUCTION
"OWNER" agrees to pay the entire cost and expense of construction of said
sewer, in cash, including "CITY" engineering and inspection fees, and,
to hold "CITY" harmless from any liability for claims connected herewith.
3. AREA OF "OWNER"
Said sewer when accepted by the "CITY" will serve the following described
real estate:
Beginning on the centerline of East State Boulevard at a point situated 261.5
feet Southwesterly of the intersection of said centerline with the East line of
Section 33, Township 31 North, Range 13 East, Allen County, Indiana; thence
Southwesterly, on and along the centerline of East State Boulevard, a distance
of 266.42 feet to the Southwest corner of Lot 2 in Lehman Honestead Addition,
according to the recorded plat thereof, then North 01 degree 36 minutes East, on
and along the West line of said Lot 2, a distance of 406.50 feet, to the North-
west corner of said Lot 2; thence North 88 degrees 00 minutes East, on and along
the North lines of said Lot 2 and Lot 1 in Lehman Homestead Addition, a distance
of 167.3 feet to the Northeast corner of said Lot 1; thence South 10 degrees 54
minutes East a distance of 289.7 feet to the true point of beginning, subject to
legal right-of-way for East State Boulevard; excepting and excluding the follow-
ing described parcel;
Beginning on the centerline of East State Boulevard at a point situated 261.5
feet Southwesterly of the intersection of said centerline with the east line of
said Section 33, Township 31 North, Range 13 East, thence Southwesterly, on and
along the centerline of East State Boulevard, a distance of 128.24 feet to the
point of beginning; thence North 10 degrees 54 minutes West a distance of 236.38
feet; thence North 79 degrees 6 minutes East a distance of 120.0 feet; thence
South 10 degrees 54 minutes East a distance of 191.14 feet; thence South 58
degrees 27 minutes West a distance 128.24 feet on and along the centerline of
East State Boulevard to the point of beginning.
As "OWNER" will pay for the cost of construction of said sewer as it pertains
to the the above-described real estate for the construction of said sewer
by the present or future owners of said real estate except only as to such
standard tap-in, inspection fees and monthly sewage treatment charges as
are customarily charged by the "CITY" :for connections to "CITY" sewer mains
and treatment of sewage therefrom.
AREA CONNECTION CHARGE (Oversizing, etc., cost of existing sewage works).
An area connection charge of $700-00 per acre must be paid to "CITY" at
the time of connection. This area connection charge is in addition to
the local charge as set forth above, and represents the installation and/or
oversizing cost expended by "CITY" for sewer line(s) known as
St. Joe Service Area, Resolution No. 74-22-04 .
BOND
This contract is subject to "OWNER" and/or his contractor furnishing a
satisfactory Maintenance Bond for 257. the value of the sewer which shall
guarantee said sewer against defects for a period of one (1) year from
the date of final acceptance of said sewer by "CITY".
LIMITATION ON nSE
Said sewer shall be constructed for disposal of sanitary sewage only and
neither the parties hereto, their successors, or assigns, or any future
owner of any land serviced by said sewer, shall at any time discharge or
permit to be discharged or to flow into said sanitary sewer, any water
runoff caused by natural precipitation or anything other than sanitary
sewage or contaminated waste in accordance with City Municipal Code.
WAIVER OF EIGHT TO REMONSTRATE AGAINST ANNEXATION
"OWNER" for himself, herself, his/her successors in title and assigns,
waives and releases any and all rights which it may not or hereafter have
to remonstrate against or otherwise object to, interferee with or oppose
any pending or future annexation by "CITY" of any territory now or hereafter
owned by him/her as described in Article 3 herein, or hereafter served
by said sewer or any extension thereof.
In future consideration and to Induce "CITY" to execute and ratify this
contract, said "OWNER", for himself, herself, his/her successors and assigns,
agree by this contract, to vest in "CITY" the permanent right at its
discretion to annex to the City of Fort Wayne at any future time by duly
authorized ordinance to the said real estate described in Article 3 herein.
-4-
of
"OWNER" further agrees that any deeds, contracts, or other instruments
conveyance made by "OWNER", its successors or assigns transferring or conveying
any interest in and to any of the real estate described in Article 3 herein
shall contain the waiver and release provisions contained in this article which
provisions shall run with the land and the acceptance of the delivery of any
such instruments from "OWNER" his/her successors and assigns by any grantee,
vendee or contract purchaser, shall be made subject to the terms of this
Agreement and shall constitute an acceptance of the foregoing provisions by
said grantee, vendee, or contract purchaser and their successors in title.
"OWNER" further agrees to record an executed copy of this contract in the Allen
County Recorder's Office within ten (10) days of its adoption and approval
by the Board of Public Works & Safety of the City of Fort Wayne as hereinafter
provided .
Any owner or owners of land which is now, or hereafter located outside the
corporate limits of "CITY" who connect into the sewer constructed hereunder
shall be deemed to thereby waive his/her, their or its right to remonstrate
against or otherwise object to, interfere with or oppose any pending or future
annexation by "CITY" of such land or of the territory in which it is located
or of the area served by said sewer. (I.e. 36-9-22-2, as added by Acts 1981,
P.L. 309, 395).
RESOLUTIONS OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE. INDIANA
The Board of Public Works and Safety of the City of Fort
Wayne, Indiana, ("Board"), held a regular meeting on Wednesday,
September 3, 1986, at 9:00 A.M., pursuant to notice previously given.
The following resolutions were adopted by the Board, to-wit: i
BE IT RESOLVED, that the Allen County Drainage Board has
previously approved and resolved that part of the Lawrence Drain,
lying within the limits of the City of Fort Wayne, be relinquished to
the City and such Allen County Drainage Board has also approved that
the prorated portion of the existing maintenance funds therein be
assigned to the City;
BE IT RESOLVED, that the City of Fort Wayne, Indiana, by
and through the unanimous vote of the Members of its Board of Public
Works and Safety, does hereby accept those portions of the Lawrence
Drain that are situate within the limits of the City of Fort Wayne
and that the City is further authorized and empowered to accept a
prorated portion of the existing maintenance funds with respect to
the Lawrence Drain, to be used in accordance with law;
BE IT FURTHER RESOLVED, that each Board member is
authorized and empowered to execute any and all documents that may be
necessary in the future, to complete the acceptance of the Lawrence
Drain situate in the City of Fort Wayne, Indiana and the existing
maintenance funds asoociated with same.
IN WITNESS WHEREOF, these Resolutions have been passed this
3rd day of Sempteber, 1986.
BOARD OF PUBLIC WORKS AND SAFETY
CITY OF FORT WAYNE, INDIANA
fosette R. Simon, Director of
Sdmini/stration & Finance
BY:
Lawrence D. Consalvos, Director
of Public Safety
Clerk
IMPROVEMENT REHOTTTTTOM
FOR SIDEWAT.K
NO. 6055-86
That it is deemed necessary to improve by putting in Sidewalks
S^SIDe''-'''''^ ^"""^ ''^''^^ ''°''™ °^ ^^^^^ TO VANCE AVENUE -
all in accordance with the specifications on file in i-ho r.^^-
Of the Department of Public Works and Safety of said Citv and
such improvement is now ordered. <-ity, and
It is hereby found by said Board of Public Works and q^i=»-(-„ ^v, ^
.1..U b. paid 100, 6y th? cT" o^Fort
BOARD OF PUBLIC WORKS & SAFETY
J2^
Secretary and Clerk
27
version 1: 5/1/85
ESTIMATE OF QUANTITIES
DATE:
8/22/86
PROJ
PARNELL AVENUE SIDEWALKS
RES. NO: "6055^:86
ITEM
NO.
ITEM
1 QUANTITY
1 UNIT] UNIT COSTl AMOUNT
1 ($) j ($)
1 .
Concrete Removal
1 1246
SY 1 - ■ —
2 .
Curb Removal
1 1155
LF 1
3 .
Casting Adjust
1 10
EA 1
4 .
4" Standard Walk
1 4859
SF 1
5.
6" Curbface Walk
1 6352
SF 1
6.
Top Soil
1 58
TON 1
7. .
Seed, Mulch & Fertilizer
1 500
SY 1
8.
Asphalt Patching
1 1200
LF 1
SUBTOTAL: $34,795.75
E&I: $3,479.58
TOTAL: $38,275.33
Sheet _1 of i
^7
i
IMPROVEMENT RESOLUTION
FOR SIDEWALKS
NO.6061-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve Sidewalks and Drives on
LUTHER STREET from Anthony Blvd. East to Grant Avenue
all in accordance with the specifications on file in the office
of the Department of Public Works and Safety of said City; and
such improvement is now ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
Adopted, this day otyAl^'f^TSn-Yl.tj^ . 19 .
BOARD OF PUBLIC WORKS & SAFETY
ATTESTr
Secretary and Clerk
••.•version 1: 5/1/85
/
ESTIMATE OF QUANTITIES
DATE:
8/28/86
PRO J LUTHER ST. SIDEWALKS & DRIVES
RES. NO:
6061-86
ITEM
Concrete Removal
Concrete Sidewalk(4")
Conc.Wingwalk (with ramps 6")
Concrete Drive (6")
Catch Basin Type I-C (Remove &
Replace)
Abandon Structure
Stone for Adjusting Walk
Top Soil
Seed, Mulch & Fertilizer
Tree Removal
QUANTITY
780
6950
1250
52
212
100
612
UNIT
SY
SF
SF
SY
EA
LS
TON
TON
SY
EA
UNIT COST] AMOUNT
($) I ($)
I
SUBTOTAL: $34,208.00
E&I: $3,420.80
SHEET 1 OF 1
TOTAL: $37,628.80
29
IMPROVEMENT RESOLUTION
FOR CURBS AND SIDEWALKS
NO. 6059-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve areas as follows:
1) HANNA STREET from Rudisill Blvd. to McKinnie Avenue for the
purpose of constructing Type III curbs, wingwalks, private
drive approaches, yardwalks and adjusting drainage struc-
tures .
2) MADISON STREET from Monroe Street to Francis Street for the
purpose of constructing Type III curbs, concrete sidewalks
and yardwalks, wingwalks, driveway and alley approaches and
adjust drainage structures
all in accordance with the specifications on file in the office
of the Department of Public Works and Safety of said City; and
such improvement is now ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
Adopted, this_
day of
BOARD OF PUBLIC WORKS & SAFETY
Secretary and Clerk
I
version 1: 5/1/85
ESTIMATE OF QUANTITIES
DATE:
8/29/86
PROJ
MADISON ST. & HANNA ST.
RES. NO: 6059-86
ITEM
NO.
ITEM
1 QUANTITY
UNIT 1 UNIT COST] AMOUNT
1 ($) 1 ($)
1 1
1.
Curb Removal
1 4061
LF 1
2 .
Concrete Removal
1 1960
SY 1
3 .
Concrete Curb Type III
1 3714
LF 1
4 .
Private Drive Approaches 6"
1 615
SY 1
5.
Commercial Dr. & Alley Approaches
8"
1 325
SY 1
6.
Concrete Sidewalks & Yardwalks 4"
1 10875
SF 1
7 .
Concrete Wingwalk & Ramps 6"
1 3035
SF 1
8.
Catch Basin Abandon
1 ^
EA 1
9.
Catch Basin Type I-C
1 ^
EA 1
10.
Casting Adjust to Grade
1 4
EA 1
11.
Asphalt Patching
1 181
TON 1
12 .
1 Backfill Behind Curbs
1 178
TON 1
13.
1 Top Soil
1 368
TON 1
14.
[Fine Grade, Seed, Mulch & Fert.
1 6938
SY 1
SUBTOTAL: ' $143, 761.00
E&l: $14,376.10
TOTAL: $158,137.10
SHEET 1 OF 1
IMPROVEMENT RESOLUTION
FOR CURBS AND SIDEWALKS
NO. 6060-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That It is deemed necessary to improve:
ARCHER AVENUE from Wells Street to Sherman Street for the
purpose of constructing Type III curbs, yardwalks, wingwalks and
adjusting drainage structures
all in accordance with the specifications on file in the office
of the Department of Public Works and Safety of said City; and
such improvement is now ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
Adopted, this -^^r^A.
day of
Opi??r^li^. 19
BOARD OF PUBLIC WORKS & SAFETY
8
version 1: 5/1/85
ESTIMATE OF QUANTITIES
DATE:
8/29/86
PROJ
ARCHER AVE. CURBS (BOTH SIDES)
RES. NO:
U U U t_l O D
ITEM
NO.
ITEM
1 QUANTITY
UNIT 1 UNIT COST 1
1 ($) 1
1 1
AMnTTMT
($)
1.
Concrete Removal
1 750
SY 1
2 .
Curb Removal
1 4400
LF 1
3 .
Catch Basin Remove & Replace
1 3
EA 1
4 .
Casting Adjust to Grade
1 5
EA 1
5.
Concrete Sidewalk Yardwalks 4"
1 1918
SF 1
6.
Concrete Wingwalk & Ramps
1 3600
SF 1
7.
Concrete Curb Type III
1 4400
LF 1
8.
Backfill Behind Curbs
1 300
TON 1
9.
Top Soil
1 100
TON 1
10.
Fine Grade, Seed, Mulch & Fert.
1 1000
SY 1
11.
Cone. Pavement Alley Approach 8"
1 50
SY 1
Asphalt Patching
215
TON
SUBTOTAL: $90,200.00
E&I: $9,020.00
TOTAL: $99,220.00
SHEET 1 OF 1
31
WATER MAIN IMPROVEMENT RESOLUTION
No..
1034 -
19.
86
RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF FORT WAYNE. STATE OF
INDIANA, That the construction of a system of water mains, intended and adopted for local use by the prop-
erty holders in the tract to be improved and also the requirements of other real estate to be served with exten-
sions, be and the same is hereby ordered in and nlnng ^ part of Curdes Homewood Acres
ON INWOOD DRIVE FROM LAKE AVENUE SODTHWARD TO ITS TERMINUS; ALSO ON
COLUMBIA AVENUE, FROM A POINT 400± FEET EAST OF COLISEUM BLVD TO
INWOOD DRIVE.
Said water main, with all its appurtenances, shall be constructed in accor
dance with the plans and specifications now on file in the office of the
Department of Public Works of said City.
The cost of said improvement shall be apportioned against and paid by the
property holders benefited, and upon the City of Fort Wayne, Indiana, if
the City is benefited by said improvement, all according to the method and
manner provided for in the Acts of the General Assembly of the State of
Indiana, Indiana Code, Title 36, Act 36-9-19-32 and Acts 36-9-20-1 thru
36-9-20-19 effective September 1, 1981, and the provisions of all Acts
amendatory thereto and supplemental thereof.
Assessments, if deferred, are to be paid in ten equal annual installments
with interest at the rate set by Board of Public Works, per annum, and shall
be financed by the Barrett Law Revolving Improvement Fund as provided for
m the above entitled acts. All proceedings and any work done in said
water main improvement, assessment of property, collection of assessments
entitlerac^ . ^f' '^^^^ - P-vided for in said above
entitled acts and all amendments thereto and supplemental thereof.
ADOPTED this-,5_2dSy of
ATTEST:
^ffAn^JUsi^, 1986.
BOARD OF PUBLIC WORKS & S7LFETY
H.VJJAMES HALEY /\
ACyTMG DIRECTOR, EttBLIcVjo;
I
'ORKS
HELEN V. GOCHENOUR, CLERK
LAVmENCE D. CONSALVOS
DIRECTOR OF PUBLIC SAFETY
IMPROVEMENT RESOLUTION
FOR CURBS
NO. 6058-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve CURBS ON BOTH SIDES OF
PIQUA AVENUE FROM WILDWOOD AVENUE SOUTH TO CLINTON STREET
all in accordance with the specifications on file in the office
of the Department of Public Works and Safety of said City; and
such improvement is now ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
Adopted, this — ■' day of
82
version 1: 5/1/85
ESTIMATE OF QUANTITIES
DATE:
8/26/86
PROJ PIQUA AVENUE CURB
RES. NO:
6058-86
ITEM
NO.
1.
1 Curb Removal
900
1 LF 1
2.
|Type II-B Curb
900
1 LF 1
3 .
1 #53 Crushed Stone for Backfill
42
|TON 1
4.
1 Asphalt Patching
900
1 LF 1
5.
|Top Soil
15
1 TON 1
6.
|Seed, Mulch & Fertlizer
180
1 SY 1
7 .
[Adjust Casting to Grade
2
1 EA 1
ITEM
QUANTITY
UNIT
UNIT COST I AMOUNT
($) I ($)
I
SUBTOTAL: $14,982.00
E&I: $1,498.20
TOTAL: $16,480.20
SHEET 1 OF 1
— - ^Ai/iC
n Of public works and Safety of the City
COMES NOW, the Board of PUBiic
Indiana ("Board") and does hereby resolve and approve
t-he Real Estate Lease to be entere
, Xnc said Lease attached herein, as a part hereof,
and Park Center, Inc., saia ^
as Exhibit "A". conformance with
BE IT RESOLVED, that such Lease is in
P..a. ... 1=3. - - — ^ '"'"'^ " °'
Indiana. .
XN WITNESS WHEREOF, this Resolution has been passed
, 1986.
4 1 ^''^ day of f)'' |1 ^ ^^fc^
BOARD OF PUBLIC WORKS & SAFETY
CITY OF FORT WAYNE, INDIANA
BY:
Lawrence D. uonsalvos, Director
of Public Safety
ATTEST :
Helen V. Gochenour ^
Clerk
BY:
7^' /ajT-
REAL ESTATE LEASE
THIS AGREEMENT, made and entered into by and
between the CITY OF FORT WAYNE, INDIANA (hereinafter called
"LESSOR"), and PARK CENTER, INC., a comprehensive mental
health center, incorporated as a not-for-profit corporation
of the State of Indiana (hereinafter called "LESSEE"),
pursuant to the terms of Acts 1976, PL 158 of the General
Assembly of the State of Indiana,
WITNESSETH:
LESSOR, in consideration of the rents and covenants
herein contained, does hereby lease to LESSEE the following
described real estate in the City of Fort Wayne, County of
Allen, State of Indiana, to wit:
Part of Lot 7 in HANNA'S PLAT "C", said lot
being in the Northwest Fractional one-quarter
of Section 36, Township 31 North, Range 12
East, Allen County, Indiana, as recorded in
Deed Record 45, page 22, in the Office of the
Recorder of said County, in particular
described as follows to-wit:
To arrive at the point of beginning, commence
on the North line of State Boulevard at its
intersection by the West line of Kentucky
Avenue as established in the Plat of KINCADE
HOMESTEAD ADDITION, as recorded in Plat Book
/B, page 103, in the Office of the Recorder
of said County; thence Northerly along the
West line of said Kentucky Avenue (40 feet
wide), a distance of 800 feet to the
aforementioned point of beginning and the
Northeast corner of 14.692 acres quit-claimed
to the COUNTY OF ALLEN by the State of
Indiana as recorded in Document No. 73-12448-
thence Westerly by a deflection left of 90 '
degrees 33 minutes along the North line of
said 14.692 acres, a distance of 800 feet to
the Northwest corner of said 14.692 acres-
thence Northerly by a deflection right to'gO
degrees 33 minutes on a line parallel to the
icf^n^"® °^ Kentucky Avenue, a distance of
ibJ.O feet; thence Easterly by a deflection
right of 89 degrees 27 minutes, a distance of
800 feet to the West line of said Kentucky
Avenue (40 feet wide); thence Southerly on
the line aforesaid by a deflection right of
90 degrees 33 minutes, a distance of 163.0
o nn.'^" P°^"'= °^ beginning; containing
2.993 acres, more or less.
to have and to hold unto said LESSEE on a year to year term
so long as the real property hereinabove described is used as
a part of and in connection with the delivery of
comprehensive mental health center services, and in
consideration therefor LESSEE does agree to pay rental in the
amount of One Dollar ($1.00) per year, the first payment
being due and payable on the first day of the month following
the execution of this lease, and a like sum on the first day
of such month each year thereafter during the term of this
lease. All sums due from LESSEE hereunder shall be payable
in care of the Controller of the City of Fort Wayne, without
relief from valuation or appraisal laws, at the City-County
Building, City of Fort Wayne, State of Indiana, or such other
place as LESSOR may designate in writing.
USE OF PREMISES
LESSEE does covenant and agree that said premises
shall be used as a part of and in connection with the
delivery of comprehensive mental health center services and
for no other purpose.
LESSEE ACCEPTS PREMISES
LESSEE has examined said premises prior to and as a
condition precedent to its acceptance and the execution
hereof, and is satisfied with the physical condition thereof,
and its taking possession thereof shall be conclusive
evidence of its receipt thereof in good order and repair,
except as otherwise specified herein, and agrees and admits
that no representation as to the condition of repair thereof
has been made by LESSOR or its agent, which is not expressed
or endorsed herein; and LESSEE likewise agrees and admits
that no agreement or promise to repair or improve said
premises, either before or after the execution hereof, not
contained herein, has been made by LESSOR or its agent.
TAXES, ASSESSMENTS, ETC.
LESSEE shall pay and discharge all existing and
future taxes, assessments, duties, imposition, and burdens
assessed, charged, or imposed, upon the premises or any
erections thereon, or upon the owner or occupier in respect
thereof, and shall deliver to LESSOR promptly proper and
sufficient receipts and other evidence of the payment and
discharge of the same.
(Page 2 of 8)
BUILDINGS AND IMPROVEMENTS
LESSEE may at its own cost erect upon the premises
hereinabove described a building to be used as a part of and
in connection with the delivery of comprehensive mental
health center services, together with ancillary buildings and
improvements thereon as needed. any such building(s) and
improvement ( s ) shall be of modern and substantial
construction and shall conform to all building rules and
regulations applicable to said premises. LESSEE shall
execute and deliver to LESSOR at the commencement of any such
construction a bond, in form and with one or more sureties
satisfactory to LESSOR, conditioned for the indemnity of
LESSOR against all mechanics' and other liens which may arise
or be created in the erection of any such building or
buildings, and that, when completed, such building or
buildings and premises shall be free from all liens.
LIENS OR ENCUMBRANCES
LESSEE shall not suffer the premises or any
erection or improvements thereon to become subject to any
lien, charge, or encumbrance whatsoever, without the express
written consent of LESSOR, and shall indemnify LESSOR against
all such liens, charges, and encumbrances; it being expressly
agreed that LESSEE shall have no authority, express or
implied, to create any lien, charge, or encumbrance, without
the express written consent of LESSOR, upon the premises or
the Improvements thereon.
INSURANCE
LESSEE shall at its own expense keep all
improvements which may hereafter be erected upon said real
estate during the continuance of this lease insured against
loss by fire and extended coverage in one or more responsible
company or companies to the satisfaction of LESSOR, in an
amount not less than the full insurable value of any such
buildings and improvements, which said company or companies
shall be authorized to transact business in the State of
Indiana, and maintain an agency in the City of Fort Wayne,
(Page 3 .of 8)
Indiana. LESSEE shall further hold LESSOR harmless and
indemnify LESSOR against all claims, of whatever nature,
arising out of any use of this property. All insurance shall
be carried in the name of LESSEE. Copies of all insurance
policies shall be given to LESSOR.
In case of loss of or damage to any building or
improvement located upon the leased premises at any time
during the life of this lease by fire or other cause against
which any insurance is carried upon such improvement, all
amounts received upon such policies of insurance in payment
of loss shall be entirely devoted to and paid out for the
replacing of the building, improvements or portion thereof
damaged or destroyed.
DAMAGE OR DESTRUCTION
If any building or improvement, now or at any time
during the life of this lease upon said premises, shall
during the term of this lease, be injured or destroyed by
fire or other cause, the LESSEE covenants and agrees,
immediately after such loss, to begin the rebuilding,
repairing or replacing of such building or improvement so
injured or destroyed, and to complete the restoration or
replacement of such injured or destroyed improvement within a
reasonable time thereafter, and to restore or rebuild and
replace such building or improvement or portion thereof
substantially as it was before such injury or destruction.
LESSEE shall have the right, however, to replace
any building or improvement so injured or destroyed by a
building of different plan and construction, provided such
new building or buildings shall be as good and substantial
and constructed of as good and substantial materials as the
building or improvements so injured or destroyed had been,
and shall be of equal or greater value.
LESSEE shall pay all expense of such repair and
construction and indemnify and keep LESSOR harmless from any
and all costs and expenses of every kind and nature on
account of such operations, subject to the terms and
(Page 4 of 8)
conditions of this lease as they relate to original
construction .
REPAIRS AND INDEMNITY
LESSEE will at its own expense keep any building
and improvements in good, safe and secure condition, and will
in all respects conform to and comply with all the municipal,
state, or other governing laws, ordinances, rules and
regulations which may affect and apply to said premises, and
that it will keep and save LESSOR harmless from any penalty,
damages, charges, costs and expense of any kind whatsoever
imposed or in any way caused on account of the violation of
any law or ordinance, whether occasioned by the neglect of
LESSEE or any other person or persons, and will save LESSOR
harmless from and will bear any loss, costs, damage or
expense, including attorney fees, arising out of any
accidents or other occurrences resulting in injury to any
person or persons, or property and due directly or indirectly
to the use or construction of said premises or any part
thereof by LESSEE, or any person holding under it, or caused
by lessee's failure to keep any of the agreements herein
contained to be kept and performed by it.
ASSIGNMENT
lessee may assign this lease, with LESSOR'S prior
written consent, to any succeeding person, firm or
corporation in charge of the operation of the comprehensive
mental health center located on the leased property and the
property adjacent to the leased property.
SURRENDER
At the termination of this lease, LESSEE shall
surrender the premises with all buildings and improvements
erected thereon and additions thereto in such repair and
condition as shall be in accordance with the covenants herein
contained.
(Page 5 of 8)
LESSOR'S RIGHTS UPON DEFAULT
Should LESSEE at any time be in default in the pay-
ment of any sums due hereunder, no right of cancellation shall
be available to LESSOR until LESSOR shall have notified LESSEE
in writing by certified mail, return receipt requested, at
lessee's regular mailing address, which is currently 909 East
State Boulevard, Fort Wayne, Indiana 46805, allowing for thirty
(30) days within which to cure said default.
It is expressly understood by the parties hereto in
accordance with the provisions of Acts 1976, PL 158 of the
General Assembly of the State of Indiana, Section 5, that upon
any attempted use of the real estate for any purposes other
than as described in said PL 158, all rights in the real estate
shall revert to the State of Indiana.
It is agreed that the covenants, stipulations and
conditions herein contained shall inure to the benefit of and
shall be binding upon the successors and assigns of the respec-
tive parties hereto.
IN WITNESS WHEREOF, LESSOR and LESSEE have caused
these presents to be executed in duplicate this ^ day of
'■/j^ ^ JS^j V Pty I 1986, by the proper officers of LESSEE, pursuant
to the authorization and direction of its Board of Directors,
and by LESSOR by its duly elected and qualified Mayor and its
duly appointed and qualified Director of Public Works, Director
of Administration and Finance, and Director of Public Safety,
and attested by its duly elected and qualified City Clerk, with
the seal of the City of Fort Wayne, State of Indiana, affixed
hereto .
(Page 6 of 8 )
^4
yos^tte/R. Simion , Direc
of Admlni
im!sjn , Director
n and Finance
Lawrence D. Consalvos,
Director of Public Safety
ATTEST:
Sandra E. Kennedy,
City Clerk
LESSEE:
PARK CENTER, INC.
By_
Kenneth J. Clark,
President
ATTEST:
Patricia 0.
Secretary
Parker,
STATE OF INDIANA )
COUNTY OF ALLEN
) SS:
)
Before me the undersigned, a Not
for said County and State, personally appe
Jr., to me known to be the Mayor of the Ci
Sandra E. Kennedy, known to me to be the C
of Fort Wayne; , known
of Public Works of the City of Fort Wayne;
known to me to be the Director of Administ
of the City of Fort Wayne; and Lawrence D.
to me to be the Director of Public Safety
Wayne, who as such elected and appointed o
of Fort Wayne acknowledged the execution o
and affixed thereto the Seal of the City o
uses and purposes therein set forth.
ary Public in and
ared Winfield C. Moses,
ty of Fort Wayne;
ity Clerk of the City
to me to be the Director
Cosette R. Simon,
ration and Finance
Consalvos, known
of the City of Fort
fficials of the City
f the foregoing Lease,
f Fort Wayne for the
of
WITNESS my hand and official seal this
, 1986.
day
Notary Public
County of Residence:
My Commission expires:
(Page 7 of 8 )
STATE OF INDIANA )
) SS:
COUNTY OF ALLEN )
Before me the undersigned, a Notary Public in and for
said County and State, personally appeared Kenneth J. Clark and
Patricia 0. Parker, known to me to be the President and the
Secretary, respectively, of Park Center, Inc., an Indiana
not-for-profit corporation, and acknowledged the execution of
the foregoing Lease as the free and voluntary act of said cor-
poration, for the uses and purposes therein set forth.
WITNESS my hand and official seal this day of
, 1986.
Notary Public
County of Residence:
My Commission expires:
' This Instrument prepared by:
Jerome J. O'Dowd
Attorney at Law
902 Commerce Building
Fort Wayne, IN 46802-2355
1719A
(Page 8 of 8)
i 85
IMPROVEMENT RESOLUTION
FOR STREET REPATR
NO. 6057-S6
FOR?"w™',' iZ^T ™ ™^ 0^
That it is deemed necessary to improve:
NEW KIRKWOOD PARK STREET REPAIR
1) Whitegate Dr.
2) Cabot Ln.
3) Roscommon Dr.
4) Hazelwood Ave.
5) Beacon St.
of\^e ^DeSe^t ^nufllcTorff rd'°s"l,3- ^'"^^
such improvement is now ordered ^ °^ ^^^^ and
lll'Lu^fm TcTAZ nll:tuT/r^Jll,T'i'' '^'^^y ^hat
the City of Fort Wayne and that no=^ general public of
to any property owner adioi^fna^^fn '"^ benefits will accrue
assessable unde^ sari improveS: ^™P^°^^™^"t or otherwise
Shall be paid 100% by th? cTt/ of Fort Waynf °' ^^'^ Movement
Adopted, this_^:i_>:n_
BOARD OF PUBLIC WORKS & SAFETY
S5
version 1: 5/1/85
T
ESTIMATE OF QUANTITIES
DATE:
8/22/86
PROJ NEW KIRKWOOD PARK - STREET REPAIR
RES. NO: 6057-86
ITEM
NO.
4 .
ITEM
Concrete Pavement Removal (6")
6" Concrete Pavement
Top Soil
Seed, Mulch & Fertlizer
Casting Adjust
QUANTITY
3168
3168
90
250
12
UNIT
SY
SY
TON
SY
EA
UNIT COST]
($) I
AMOUNT
($)
SUBTOTAL:
E&I:
$98, 110. 00
$9,811.00
Sheet 1 of 1
TOTAL:
$107,921.00
S6 2
RESOLUTIONS OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, the Board of Public Works and Safety of
the City of Fort Wayne, Indiana, and hereby resolves as follows:
BE IT RESOLVED, that H. James Haley is hereby designated
by the Board, to serve as the Board's representative on the
City Plan Commission.
IN WITNESS WHEREOF, these Resolutions have been passed
and signed this 27th day of August, 1986.
BOARD OF PUBLIC WORKS & SAFETY
CITY OF FORT WAYNE, INDIANA
Cose.tte R. /Simori\ Director
of Adminilstrat/ion & Finance
I
"i
'Concordia Gardens Storm Improvement
Resolution 426-1986
II
RESOLVED by the Board of Public Works & Safety of the City of Fort Wayne,
Indiana, that:
Bounded on the North by the North property line of Lots #308 and
#309 of Concordia Gardens Addition, Section "G" ; bounded on the
South by the South property line of Lots #274 and #275 of said
Concordia Gardens Addition, Section "G" ; bounded on the East by
the East property line of said Lots #274 and #309 and bounded on
the West by the West property line of Lots #275 and #308 of said
Concordia Gardens, Section "G",
STORM SEWER
Beginning at an existing open ditch located 100± LF South of the
Northwest corner of Lot #274 of said Addition; thence North along
the meandering of said open ditch 250± LF terminating at a point
approximately 125± LF North of the Southwest corner of Lot 309
of said Addition.
Said Storm Sewer shall be 6'xlO' box culvert with all appurtenances.
And said sewer with all appurtenances shall be constructed in accordance with
the plans, profiles, specifications now on file in the Department of the Board
of Public Works & Safety of said City.
The cost of said storm sewer improvement shall be paid for by the City of Fort
Wayne .
Adopted this 27th day of August 1986.
BOARD ,0F PUBLIC WORKS & SAFETY
By_
Lawrence D. Consalvos, Director
ATTEST
Helen Gochenour, Clerk
88
IMPROVEMENT RESOLUTION
FOR SIDEWALK
NO. 6056-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve:
DELAWARE AVENUE (Both Sides) from St. Joseph Blvd. east to
Kentucky Avenue and
TECUMSEH AVENUE From Tennessee Avenue north to Delaware Avenue
by replacing Sidewalks and addition of Yard Walks and Paraplegic
Ramps
all in accordance with the specifications on file in the office
of the Department of Public Works and Safety of said City; and
such improvement is now ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
Adopted, this c^,'^ ^^"^ day of ■ 19 7 C. ]
BOARD OF PUBLIC WORKS & SAFETY
f
ATTEST i---^
Secretary and Clerk
I
38
1
version 1:
/
5/1/85
ESTIMATE OF QUANTITIES
DATE:
8/22/86
*
PROJ
DELAWARE & TECUMSEH SIDEWALKS
RES. NO:
6056-86
ITEM
NO.
ITEM
QUANTITY
UNIT
UNIT COST]
($) 1
1
AMOUNT
($)
1.
Concrete Removal
2700
SY
2 .
4" Concrete Sidewalk
24600
SF
3 .
6" Wingwalk with ramps (14)
2800
SF
4 .
Stone
to Adjust Walk to Grade
285
TON
5.
Catch Basin Type I-C (Set in Place
2
EA
6.
Adjust Castings to Grade
6
EA
7 .
Top Soil
220
TON
8.
Seed,
Mulch & Fertlizer
1665
SY
9 .
Tree
Removal 16"
1
EA
10.
Tree
Removal 24"
2
EA
11.
Tree
Removal 3 0"
5
EA
12.
Tree
Removal 3 6"
2
EA
13.
Tree
Removal 42"
2
EA
14 .
Tree
Removal 48"
1
EA
SUBTOTAL: $81,366.00
E&I: $8,136.60
TOTAL: $89,502.60
Sheet 1 of 1
I
:emeral rules -j^d ?£G-jlat:cms
:n iccordance wi^.-i ".-.e sza-dzss iz -.r.e itaca zi Indiana and Section :4-2 Dt
t.'ia Tore ".lavr.e Munici-al :jde , :374, iS imended, Sewers ind Seweraae Syscem,
-ne 3oard or' ?'jDiic Worxs nas es-aolisned rhe following 3enerai P.uies and
Reauiacions zor zhs safe, ■jconoraioal ind efficient: .Tianaaement: and operation
3J-- lit"' 3 iewace Vtilitv, for zr.e ronscruc-ion and ise of sewers, ouild-
ma sewers, accurienances , and ronneciions lo i.ne sewerage system; for t.ne
reoulation, oollection and rafundi.ng of the races and o.Targes for sewerage
ser-/ice; and for "he imple.tientacion of the provisions of said Chapter 24.
1. 3EFINITrOMS
?or the ourposes of these Rules and Reaulations, words and terms shall
have their ordinary and usual jieanings.
'vords and terms used nerem shall have tieanmgs as defined in either
?ort Wayne J'.unioipal Code, 1974, as amended, Chapter 14 or 24 as appro-
priate to the tontsxt used.
"Shall" TTieans mandatory; "may" means permissilsle.
".Available" shall riean abutting the property, trossing the property,
■vithm any easement or puclio right-of-way abutti.ng the property or
within 300 feet of t.he property.
co«WECTiON TO ;ubl:c sanit.^r" sewer
recuireme.nt of the Fort '--/ayne .Municipal Code is that ever*/ property m
the City of Fort Wayne shall be required to oonnect to t.he Municipal Sewage
System vaenever a sanitary sewer is available for use. The oonnection to
the :'-unicipal Sewage System shall be made withi.T ?0 days after such sanitar-/
sewer is availacle. It shall further be required that all Industry and Com-
mercial accounts have a valid Wastewater discharge Permit issued bv the Water
Pollution Control Plant, Said permit renewable everv 4 -'ears.
Those properties not abutting City sewer, but within 300 feet of a sewer, shall
make arrangements through the Water Pollution Control Engmeeri.ng Department
to have sev/er a.xtended to their property. Connection to the new sewer mav not
be made until t.he main is accepted by the City, or a Prime Contractor's Release
is executed by Water Pollution Control Engineering.
Notwithstanding the foregoing, the Board of Public Works may, on aoolication
and proof of economic hardship, extend the time within which such property
shall be connected to the Municipal Sewage Svtstem.
SUIISIMG :R house SEt^ERS
A. :io i-tauthoriced person shall mcover , amke any connection with or ope.ninc
i.nto , ise , alter, or disturb any public sewer or aoourtenance thereof
■vit.-.out first octainmc a written permit for the :!ew Water and Sewer
Permit Office, -Room =480, City-Countv 3uildi.no.
B. All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the City for any loss or damage directly or indirectly
occasioned by the installation of the building sewer, including back
water damages from the public sewer system.
C. A separate and independent building sewer shall be provided for
every building, except where one building stands at the rear of
another on an interior lot and where no private sewer is available
or can be constructed to the rear building through an adjoining
alley, court, yard, or driveway. The building sewer from the front
building may be extended to the rear building and the whole consid-
ered as one building sewer.
D. A building sewer shall not cross the property of another private
owner unless such private owner has granted an easement for such
building sewer which is duly recorded in the office of the Allen
County Recorder.
E. Existing building sewers may be used in connection with new build-
ings only when they are found, upon examination and test, to meet
the current code requirements for building sewers.
F. The installation of a building or house sewer shall comply with
Chapter 24 and Division III, Section I, "Building Service Sewer," of
GENERAL SPECIFICATIONS .AND CONDITIONS, DETAIL SPECIFICATIONS,
CONSTRUCTION STANDARDS FOR THE INSTALLATION OF STORM .AND SANITARY
SEWERS, of the City of Fort Wayne.
G. The City of Fort Wayne shall have no responsibility for the instal-
lation, maintenance and repair of building sewers, including joints
and fittings.
H. Whenever possible, the building sewer shall be brought to the build-
ing at an elevation below the basement floor. In all buildings in
which any building drain is too low to permit gravity flow into the
public sewer, sanitary sewage carried by such building drain shall
be lifted by an approved means and discharged to the building sewer.
I. No person shall connect any roof downspout, exterior foundation
drain, or other source of surface runoff or groundwater to a build-
ing sewer or building drain which is connected either directly or
indirectly to a sanitary sewer of the City.
J. The connection of the building sewer into the public sewer shall
conform to the applicable rules and regulations of the City. All
such connections shall be made gastight and watertight. Any devia-
tion of the prescribed procedure or material must be approved by the
Chief Water Pollution Control Engineer before installation.
K. All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner
satisfactory to the City.
-2-
N.
0.
P.
R.
permit has been obtaxned from the Citv Lh 'Ti """^ '
the obligation to pay all assessm.n^I satisfied
shares of sewer ext'lnsion costs "/.'d 'r?''
public sewers which serve xt 1 se„er T P>:operty for
shall not operate to nullify any such nhl ^ ''"""u ^'^
recorded nor estop the City from ch ^hat has been duly
at any subsequent time ^ charging and collecting such costs
Notwithstanding the foregoing, the Utilitv „,
policies and procedures adopted by the Board of ^" f""'"'^-"" "ith
time to time, permit an owner or ^"''^^^ f-^O"
public sewer and to defer L whoT ^' - '° °^ '^"^^ a
obligation, upon the execution and d.l' " "'^""^ °^ ^1^^
note, mortgage, lien doc^ent or oth -h'" ""^^^'^ ^
acceptable to the Utility. "'^'^ ^^^^ence of obligation
Of s:d\ta"^crdri:^t\rs"3Tvt3-\\ ^ p-p^ses
assessed against real property 36-9-23-34 to be fees
Installments of deferroH „ki ■
or interest chargeable .h L^' shril ITT''"'. ^'^"S"
sewerage^. rvice.. for the pVott\1 l^^^ ^ V^ll^td^^ -
s:::r p"r^™.^"o"^;^e"a;^d\^h:u°"brirs i*^^ -d
contractors, who shall pay to the " " '^P
sewer tap permit. Not later than 48 h'' . '"^ " ^^^^
tap and building of the sewer inst!l 1^7" each sewer
property owner shall notify the New W.t . contractor or
such connection so that an inspection ""^l ^^^^ ^^^^t Office of
P-or to backfilling the said s'^^^'-^^taTutiL""'' ""^^^^
In cases of reouestc f
P-or to acceptance b/ tir "0^^ constructed mains,
Contractor's Release musi be executed . H '""'^ ^ P"">^
Engineering Department and submitteH . u^"""'^ ^'^""8^' the WPC
Permit Office. Upon satisfaction /° , "^^^^ ^"d Sewer
permit for connection may be 'ssu^d requirements, a
No person shall make use of a
conceal a sewer installation nnl. '".^ ""^ backfill or otherwise
inspected and approved by the , ""^^
same has been
remedies, the Utility mav cause the ^" addition to all other
to be excavated and exposed 1! . "-"^ installation of sewer tin
require the owner or Tcupant t'o 'p^aTT'^ ""t ^lon, 'I^d m^^^
^ts costs and expenses in such ex ' I reimburse the Utility for
reconnection and restoration slch"' exposure, termination
considered as charges for seweraL ^ "^P^"^" shall b^
36-9%%'1, \° accordance r the nr^-^"^ ^^^^"^ may be
5 23-31 through 36-9-23-34 and Atucrir^rChap-t^r^^lf^'^'
-3-
4. LICENSED SEWER TAP CONTRACTORS
C.
and/or replace a sanitary or storm sewer tan <:h»/l "."^"^^ > . '^^Pair
The examination will require the knowledge of installation t
ship, materials, safety and health °\ ''"^'^^-^-'■^tion, workman-
Standards and Specifications Fort w ' li-biUty, City
and any other necessarv nf . ^""^ Municipal Code Chapter 24,
icnowleJge o'f"thr" n^r^ct f r^nsraira'tl^^^"^ ^^^^^^^"^^ ^"^
seventy percent (70%) shall building sewer. A score of
examination. There shall be a „n • '° '° ^''^
applicant can repeat th:'exam^;ati:n. '^""^ '""'^^^^ "^^"^
" "o:: ^^^::^lJ^^T'ir^' - helng exempted there-
year, renewable annually Z the firs^ dav' of°' u "^^'^'^^^
to install building sew/r and s^rfac: watJr sew^ ta;^"'''"'
' -^^.c:%- a^- - water and Sewer
" --^^:^:^a:^:\!.r:L ciSi?^^-rwr ^"^^^--^ -
?5^^o"o"";e?pe7s"n,'7to^o"o%';;''f^'^ ' ^--^ - least
damage. A performa'nce' bo^d of'at least SS-OOo"' ^^^"'^
contractor. A certificate of tht i k ^ ' ° required of the
the performance bond must be on f , , u"^ insurance coverage and
Permit Office, Room //480,"cUy-County Buu'din'g.^ '""^ '^"^^
A.
If adequate public sewers do not exist th ^ ,
or cause to be extended adequate ' I' ^ ^"^'^l"?" =hall extend
public sewer extension must be !norov.H k ' ^^""^
tion Control Engineering Department "'^'^
designed in accordance with VZl extensions must be
and County, and must be constructed""' """^ '"^^'^ "ty
Standards and Specifications fn ^^""'^dance with the City's
Standards." ^cations m compliance with "Ten State
-4-
c.
D.
bTt,:: t:^^^^c^Z^°^ '"^'^^ instruction
the expense of the d::eLp r The' cha'e'to ?h"r"'/'^'' "
ana .nspect.n. ..t.pUe. ^Z^:;^^^:^- ^^^^^^
"^r^: ^ l^^l^^J^ - -c.an or othe™.se
and approved by the Utility, ^n addition to\n' inspected
Utility may cause the said installation to h. "^er remedies, the
may terminate the connection, Ld m"; require ZTel'f ^^P"^^'^'
to pay or reimburse the Utility for its cost^ InA " contractor
vatxon. exposure, termination, 'reconn^ctLn and re^L^^^tlon? ^"'^^
A. In ^CCnTciancc i.ii-f-K t-u-
the operation of the Water Pol, f 5 ^^"""^^ °rder to protect
Sludges, and its dJIch^rge to°' h^^^ce^vin'^^t''"'' J*^^ ^isposa/of it
discharger of toxic ions compounds 11^ ""' '^"^""^ ^^"""^ ^^e
sewage system not to exc;erth^rco^ee:^t -0^=^! i:t ed^"b\^tf "^^'^
Constitutent
Arsenic
Barium
Cadmium
Chlorine
Chromium (Hexavalent J
Chromium(Total}
Copper
Cyanide
Flouride
Lead
Manganese
Mercury
Nickel
Phenol
Selenium
Silver
Sulfide
Tin
line
Concentration fmg/11
2.00
0.70
10.00
O.SO
4.00
2.00
20
1
0.5
0.60
1.00
0.01
2.00
1.00
0.02
0.30
10.00
2.00
5.00
^HlLea that can hp treated in d '
whepra^^Tl^Iilir^^^^JIIbl^^ '"""^ Cleanings, milk
PoUut.on control Plant fo^ tre:t::n ' n'th'e^'^Ma^f °' ""^^
"= pj^ant digesters
-5-
B.
system, Fort Wayne Municipal Code ' 1974 ^ .itd/d"'" '^^^'^^^^
Control Plant, but which are not / . °' "^'"^ PoUutxon
plant digeste;s (i.e which must L treatment in the
and which are received from „Lf f Y^""" °' disposal),
handled by the Treatment Plant n ■
approved by the SuperTntendent and th. 'f'^^/^f "'^^-'^t basxs as
charge adequate to\exrburfe the utilitv'for "m ^ ^
overhead costs estimated to dispose of such was tes'" ' ^""^ '
8- MAJOR IHDUSTRIAI USER
t^or" Inlrr?a^User° 'ITT' ^'^^ Superintendent to be a
industry and require the instaUaUon°'"'f ""'^^^ ^-'^
n-etering equipment for the purpose of I't °^
flows to the municipal sewe? determining the sewage flow or
B. The specifications for anv fi^„
installation shall be subm/tted Ld™ an""^ '^'^ ^"'^ ^^^^^
prior to its installation approved by the Superintendent
C. The cost of, and responsibility for install,.-
such equipment shall be dete^ined bV""tt'trd^rf ^^1^^".:^
D- The Board of Public Work^
economic hardship or other reasol' extend T.''."'""
equipment must be installed. within which such
5- CONTTOL_MANm
basins, etc., shall be requrred by the \ "^'^'^
and maintain, at his own expense on. Superintendent to construct
specified location or location's to f^'f • a
measurement, and sampling of own ' ■ ^^^^^l^tate the observation,
constructed in accordance with th. . ' '""'^^
the City. The Superintendent may ai^^f'^'^'^'^^ '''' specifications of
and maintain in any such manhlle atT'n' ^^'^^1
approved volume-measuring device ' Pi ' ' = ^''Pense, an
the installation of control manhol.. -f ^"''^"'^ drawings for
approved by the Superintendent b'eforran'v '^' '''"^^"^"^
B Any bu Id ' °etore any construction is begun.
charging prohibited wt'tt and/orTastes Potential of dis-
tic sewage shall have a Control Manhol '° f''"" °^ ^omes-
either the "Specif ications and sta^°'!, T^^^^^'' - accordance with
the Water Pollution Control Utilitt or °""^"8s," revised 1980, of
i-iicy or an approved equal.
-6-
?nnt^^ M ^ r ^""f? necessary to requxre the installation of a
Control Manhole in all building sewer lines where the Superintendent
has determined that any of the following conditions exist:
1. Abnormal maintenance of the sewer has been required to prevent
and/or correct the occurrence of blockages , back-ups , etc
that tHe"\ ""Y'' >° '""^'"^^ ^"-^ evidence 'indicates
that the abnormal maintenance is the result of the discharge of
M^L'ipaTcrd"" °' '^'"^-^-^ons set forth in the Fort T.yll
2. There exists a concentration of persons discharging wastes into
?onO«arores.^'""^'^ ' ""^"^-^^ ^ -^"^-n^
3. The results of laboratory analysis have demonstrated that the
in exeats "of"?-:-: '^'"^^ discharged into the public se„: ar
Code limitations set forth in the Fort Wayne Municipal
ILtiL>Tt:te°\;^tVt'"''/" P"-" been
tions and shall require such °' '""^ ^""^^ ".entioned condi-
more Control Manholes ' ^"""^ ^° ^^^^^^l °- or
E. Following notification, a Control Manhole shall be installed within
F. Control Manholes shall be lr,^;,^=H „
receive all wastes from the property anHhaf/r'' Tr'^' ''''''
to representatives of the UtiUtv ,n h ''e 'readily accessible
tions, measurement and samnl.n^ ^ u " '° facilitate observa-
ent, and sampling of the waste being discharged.
Co:tr"rMa°l?e1 Ind'n'ow m ^^^^^^^^^ maintenance of
the Board of Public Works equipment shall be determined by
H- The Board of Public Worlf^
economic hardship or other r.. "PP^i^tion and proof of
equipment must be instaUed ""'^^^ ^^^'^ '^^^
gggASE AND SAND TRAPS
" a"^:"re:de;t pr;cT\"h:°s^ interceptors or traps
Treatment Pla/t" fro/g^ea ^Tl ^ ^'^^ ^-^^e
occurring in the user's sewage and ,n ="™^1^'^ substances
traps shall be promptly nltaUed bv th ^'^^^
owner's expense and shall be t ^ °™er's lines, at
such substances can be carried ov'"'''""' ^"at none of
traps or interceptors s JA Jit c't^ '""'^ '
construction, location, and instaUation standards as to
B. Any building sewer which will have or has the potential of dis-
charging waste containing grease, oil, sand or similar substances,
having quantity and characteristics above that of a normal single
family residence waste, shall have a grease and/or sand trap instal-
led in a manner to provide, at all times, the effective removal of
grease, oil, sand or similar substances before discharge to the
public sewer.
C. The Utility has deemed it necessary to require the installation of a
grease and/or sand trap in either the building sewer or within the
building's plumbing system in accordance with the "Uniform Plumbing
Code," Latest Edition, Chapter 7, minimum requirements where the
Superintendent has determined that any one of the following condi-
tions exist:
E.
1. Abnormal maintenance of the sewer has been required to prevent
the occurrence of blockages, back-ups, etc., resulting in
property damage; and evidence indicates that the cause of this
abnormal maintenance is the result of the discharge of pro-
hibited wastes and/or wastes in excess of limitations set out
in the Fort Wayne Municipal Code.
2. There exists a concentration of persons discharging prohibited
wastes into a public sewer without the benefit of any grease,
and/or sand trap. '
3. The results of laboratory analysis have demonstrated that the
strength of wastes being discharged into the public sewer are
in excess of the limitations set out in the Fort Wayne
Municipal Code.
The Superintendent shall notify, in writing, any person who has been
Identified to be in violation of any of the above mentioned condi-
tions and shall require such person or persons to install grease
and/or sand trap.
Following notification, the grease and/or sand trap shall be instal-
led within 120 days .
The cost of, and responsibility for installation and maintenance of
Wor^r ^^""^ """^^^ ^""^^^ determined by the Board of Public
G. The Board of Public Works may,
economic hardship or other reason^
equipment must be installed.
SERVICE CHARGES
upon application and proof of
extend the time within which such
A. General
Charges for sewerage service shall be computed and billed by
rendered" " Utilities. Bills shall be
rendered approximately monthly, unless additional billing is
required to reflect customer changes, meter changes, service
terminations, initial billings, or is otherwise required to
adjust billing cycles.
2. Billings for sewerage service shall be rendered with and shall
be due and payable on the same due date as billings for water
service to the same premises, if any, and if none, then within
such billing cycle as the Utility may determine.
3. Charges for sewerage service shall be billed to the person
being billed for water service, if any, unless by contract with
the Utility, another person assumes responsibility for payment.
Notwithstanding billing to, and assumption of responsibility by
any person, charges for sewerage service shall remain the
responsibility of the owner of the real estate, who shall hold
the Utility harmless from any loss occasioned by the delin-
quency of the person billed, including all penalties, recording
fees, attorney's fees, interest and court costs, if any.
4. The owner of the real estate shall upon request to the Customer
Service Department have the right to examine the Utility's
records of billing and collection to ascertain whether such
charges have been paid, and the amount thereof.
5. Nothing herein contained shall permit the owner, or any person
other than the person being billed, to inspect, examine or
otherwise obtain confidential information including the income,
employment, finances, or social security number of the person
being billed.
6. Charges for sewerage service shall be due and payable on or
before the due date stated on the bill. Any charge for sewer-
age service not paid by the due date shall be delinquent, and
may be collected, with any applied penalty, recording fees,
service charges, attorney's fees, interest and court costs, if
any, in accordance with Chapter 24 and with Indiana Code
Sections 36-9-23-31 through 36-9-23-34.
7. The rates, charges and surcharges shall extend to and cover any
additional premises hereafter served, without hearing or
notice. If the first billing to a new user covers a period
other than a full billing month, then the charges for sewerage
service for such billing shall be made in accordance with
standard practice employed by the City's Water Utility.
8. Sewer billing shall commence with the billing for water service
(the meter set date or date of occupancy whichever shall first
occur) .
9. In the event the sewer user is not a metered water customer,
flat charges shall be imposed and charged as follows:
a. Residential - flat charges as established for in-City or
out-of-City service; multi-family dwellings shall be
-9-
m^i^'' f appropriate flat rate multiplied by the
number of units accommodated.
nZrtl' Industrial - the Water Pollution Control
Shan fP"^"^^'^^,^"^' bis designated representative,
shall determine whether the account shall be billed on
flat rate or whether a water or sewerage meter is
suS- h'T' 'I'' '""''^ determined by th
uc installed at the owner's expense.
c. The Utility shall retain documentation supporting its
U«?,>„ billings may be reviewed and adjusted by the
Utility at any time. However, no adjustment, additional
charge or refund may be made more than six (6) years after
the due date of the billing sought to be adjusted
11. Any property which has a public sewer av^il.hl» K , •
connected thereto .:haii f ni- sewer available but is not
Health for enforcemeat of 7 City-County Board of
connection to fuch irblic sewe'r ^^""^"^^ """'^ ^
DELINQUENCIES
' =e-:-s— ^^rrb--a:Ldn;"r d:^- rrgfr
^ St ~rr^^ r —
billed! shut^ff'rter ser°vrce^^^^^^^ '° '""^ person 'being
shall not be restored until the H V ^''"^^'^y- "^^er service
with the costs of turning off and r '"'" '"^ether
have been paid. ^ turning on the water, shall
penaUies' re^TdTng fe°es LT"'' services, and applied
lien upon the property and mav b77"u "^^^ ^
the provisions o^f .l^ul^: "^^^ J^^^l^^l^
4.
aft;r'je\\°oU°ie^'notrce"to^:r'^^= "^^^^^V -y,
sewerage service to the propertv'"?"
be restored until the dlul ^ ' ^^""^^e service shall not
costs Of terminating a J recoIecl^^K"' '"^"^^^ "^'^
have been paid. reconnecting the sewer service, shall
-10-
In addition to the foregoing remedies, the Utility may recover the
amount of the charges for sewerage services, penalty, and a reason-
able attorney's fee in a civil action, and may foreclose a lien
established by Chapter 24 in accordance with Indiana Code 36-9-23-34.
12. ENFORCEMENT
In accordance with Section 24-6 of the Fort Wayne Municipal Code, 1974, as
amended, the power to enforce the provisions of Chapter 24 of the Fort Wayne
Municipal Code shall be vested in the Superintendent of the Water Pollution
Control Plant through the Industrial Waste Supervisor and such deputies as
they, with the approval of the Board of Public Works, may appoint.
1. Issue Notice of Violations.
2. Call Administrative Hearings for the Purpose of establishing
compliance shcedules.
3. Issue direct court summons.
4. Forward complaints of non-compliance to the City Attorney.
5. Issue Wastewater Discharge Permits.
13. ENFORCEMENT PROCEDURE
It shall be the policy of the City of Fort Wayne in accordance with Section
24-6 of the Municipal Code, 1974, as amended, to enforce the provisions of
Chapter 24, Sewers and Sewerage System, of said Municipal Code in the follow-
ing manner. Contractually specified enforcement procedures which conflict with
any portion of this Section shall take precedence over the conflicting portion
of said Section.
1. Notice of Violation; All persons found to be in violation of any portion
of Chapter 24 fo the Fort Wayne Municipal Code, 1974, as amended, shall be
served with a written "Notice of Violation" by the Water Pollution Control
Plant Superintendent through the Industrial Waste Supervisor and such depu-
ties as they, with the approval of the Board of Public Works, may appoint,
stating the nature of the violation or violations and providing a reason-
able period of time within which corrective action shall be taken, except
where continuation of the violation or violations may endanger operating
or maintenance of the Sewers and Sewerage System or may become a public
nuisance.
2. Administrative Hearing: Violators failing to respond to the "Notice of
Violation" shall be called before an Administrative Board of Hearing. An
attempt will be made to resolve the matter in an equitable fashion and an
Administrative Order will be drawn up specifying a schedule of compliance
and/or a compliance date.
The Administrative Board shall consist of the Sunerintendent , Supervisor
of Industrial Waste or designated representative, an Associate City
Attorney, and a Recording Secretary.
3. Court Action: Violations of Administrative Orders shall be referred
immediately to the City Attorney, for enforcement in the Court of Juris-
diction. The referral shall include a request for the pursuit of the
maximum penalty applicable under Section 24-6 of the Fort Wayne Municipal
Code 1974, as amended.
-11-
14. RIGHT OF APPEAL
Any party aggrieved by an order or determination of the Water Pollution
Control Plant, may, within 15 days after receipt of a notice informing
such party of the decision or order, appeal such decision or order to the
Board of Public Works of the City of Fort Wayne by filing a petition seek-
ing such appeal with the Secretary of the Board of Works stating the basis
of such appeal, including the alleged error in the decision or order. After
receipt of such petition the Board of Public Works, after due and proper
notice to all parties, shall hold a hearing on said petition, and at the
conclusion thereof, or within 30 days thereafter, enter a decision either
affirming, denying, revising, amending, altering, or modifying such decision
or order as the Board of Public Works, by majority vote, shall so rule. A
party or person aggrieved by the Board of Public Works shall have the right
to judicial review of such determination in accord with and pursuant to the
same provision of the Indiana Administrative Adjudication Act (4-22-1-14 et
seq.) as are applicable to appeals and review of decisions of agencies of
the State of Indiana.
15. PUBLIC NOTIFICATION
Under the provisions of 40 CFR 403.8 (f) (2) (viii) , the City shall annually
publish in the local newspaper, a list of Industrial and/or commercial users
who have significantly violated Chapter 24 of the Fort Wayne Municipal Code
or any State or Federal Pretreatment Standard. A significant violation shall
mean a violation which (1) remains uncorrected 45 days after notification of
noncompliance; (2) which is part of a pattern of noncompliance over a 12
month period; (3) which involves a failure to accurately report noncompliance
or (4) which resulted in the Water Pollution Control Plant excercising its
emergency authority under 40 CFR 403.8 (f ) (1) (iv) (B) .
16. SUBMISSION OF DATA ON INDUSTRIAL WASTE
In accordance with Section 24-18, Chapter 24 of the Municipal Code of the
City of Fort Wayne 1974, as amended, all industries effected by Federal
categorical standards shall file with the Superintendent a priority pollutant
scan for Total Toxic Organics (TTO's) at least biannually or whenever a process
change occurs, whichever occurs first.
17. PRESENT RULES SUPERCEDE PRIOR RULES
All rules and regulations heretofore promulgated by the Utility governing
the service supplied by the Utility are superceded and replaced by the
foregoing Rules and Regulations of the Water Pollution Control Utility
and/or other specifications, rules and regulations referred to herein and
made a part hereof.
18. REMEDIES NOT EXCLUSIVE
The remedies provided to the Utility by these Rules and Regulations shall
not be exclusive and shall be in addition to all other remedies which the
Utility has in law or equity.
-12-
19 . AMEMDMENTS AND REVISIOMS
The Board of Public Works of the City of Fort Wayne, Indiana
reserves the right, by appropriate action, to amend, modify,
delete, change or otherwise revise these Rules and Regulations
as it may deem, from time to time, to be desirable and/or
necessary .
Approved by the Board of Public Works in their regular meeting
BOARD OF PUBLIC WORKS
Lawrence D. Consalvos, Member
APPROVED ^ "FORM AND LEGALITY
ATTEST :
Helen V. Gochenour , Clerk
Effect
1; 89
State Indiana
DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
.-uL-r ;. -936
'7T\ r;^7:~t;D I'lAII.
Hon. vmfield '.■loses, Jr.
Mayor c: ?orr ■•ia-raa
CiCT-Oouncr 3uildia?
One Main 3 tree i:
?orr Vayne. i6802
Dear Mayor Moses:
Ra: MPDES Psraic Mo. t^I 0O3:'.9l
the nodifcac-'on or :.^e above-rerarenced ii3cnar?e per^iC has
.een ,ro=e^:/!f l^ordance vt=. ^^^-^^ ^^^^Xr^j^:^
..r .oI.c.n_Concro._A. . .en.e. . ^
program ana addi-.lonai :.onicor--ng and reoorriag condic-ons.
-^a .nciosed :r?OES Parrnic Amenamenc savers :rour ixisjing >rP'3ES
'-r^ic no.":M 003:i9l. .Ail iiscaarges rrom "-ha ^"'"^^^"^ ^t^"—
'shUl be cons.scanc -^ch -.ha rer^s and condicions or :h.s =
aaenaea. -roc. :hac anv aooaai .us= .a filed
^1 -30 -^C :---5 ana -.ne anclosea =uoLi- r.oc-.ce. The appear ausc
:ai;iac;d b. riling vxc^ Inaiana ^eoar.^enc ^^^^T^ ,i
Managemanc a raquesc :or an adiudicacory r-.aar--.-.g vicn.n - lays
rscaioc oc rhis lectar.
Sincarai-',
JaoB Magaa
.\S3iscanc Commissioner
Ciiici :i: •'acar Management
3ar ' i ^
inclssura
?amic 3ao:-on, l.i. Z7k
:.3Clar, Suoer-.r.canaanc
.avr.e .'acar Pollucion roncrol
Permic Mo. '-N 0032191
.A^EMED AUTHORIZATION TO DISCHARGE UmER THE
NATIONAL POLUK.yiT DISCHARGE ELIMINATION SYSTEM
the ■•Enviromnencat .lana^emeac ac. ,, - _ „ Q032191. issued lebruary 27,
-a^xnacoa S.scem ^.^.^^S) d^cnar e ? ^^o.^^a^ne. Indiana, .s h«.by
1985 , :o .he Cicy oz J^^^'' Ub of 13. The additional
;:S1-^U3h1oadi:-o:s -he ;pe;ac.oa of a local pcec.eacn.eac pco^rao.
by Che permitcee.
rH» •xiscini oennic aot modified by
All cer^s and "ud. ons or "^^^ '^^^^^.^ .^aditioa
chxs documenc vill -..xU remain J eifecc oncxl any legal
^^^^^^^^ .oaxficacxon aas been cesolved.
Thxs .mendmenc saall become effeccxve on che dace of .he sxgnacure.
This amendmenc snail .xpxre ac mdnigac. January 31, 1991.
. . , 1986,
Signed chis :r.d day oi _ ■ •
for -.he Indiana Deoartii^Tof Envxroomencal .-.anagemenc .
;-laioiey / /'
.■iancy A. .1310 ley y jj
Commissioner
?C
i/29/36
Page oc -3
.,.nc '-o?ram Ll=ica=lon5 and Monicorin, Reouir...ncs
a. ^
ch* POW and
^..-a. snail samola and analv" c-.e ncluenc .3
CI,. ...i --or a ?«rlod of six =onciT3. The
patagiaoa b , ^'i"" ^^^i; r.oorrad :a z^U orfice every _
r,5ulC3 oc ^"^^^'".^''ti: L.rreac^enc Grou?. At Che end or
;he daca and aay
.ace.
rasulC3 oc ch. j ?recreacaenc Grou?
»onch CO office -^11 evaluace c
:^:ir nSnsii^ctd in .3 app.op.i
- -.in, c.e -.rd:;;:"^ri^fi:e:c
p.rmic, and '^"''ef f luen^from Outfall 001 shall be
?ollutanc
Cd
Cc
Cii
en
?b
Hg
3t
Za
tafluent 7alue3-i-
:aily
;taxiinum
O.Ol
0. 13
0.13
0.05
0.06
0 . 0003
0.09
o.:4
Effluent Limits*
Dailr
Maximum ag/l
0.02
o.:5
0.02
0.025
0.05
0.0005 ,
0.05
1.0
y-onicoring Requirements
Monitoring Sample
Frequence
2x Monthly
:s Monthly
2x Monthly
2x Monthly
:x Monthly
::{ Monthly
Ix Monthly
::c Monthly
:4-5r.
:4-5r.
2a-ar .
:4-rir .
24-Hr.
2i-Hr .
Comp .
Comp.
Comp.
Comp .
Comp.
Comp .
Comp .
24-5r. Comp.
^e effluent samples shall be ca^n one detention time later
-han Che influent samoles.
facility for che 3i^i,\echod and shall be
once every w months oy -he jrao ""^ reported Co
analvred immediateiy. Xesu.cs or ,3 3^,^11 be
Che Precreacment Group , si^e" samoles sna.l be
-^r:t !"e%:"t^:^^-c-:;^e1^^i^he^llul.e .i^ester.
-^he influent -^^s in^oara,raph 2 b.^above are^not^^^
;;nic"2u:; ri Ica^ on .
stream.
;he
acions .
,-3ondin?
s or
lacion
?
PT/0032191 ?■:
d. :ur-.a? same per.od 33 .a < ^^^^^^ ooLiacaacs and saail
Ueac.:y aad :He aaalyt.cal :e.oc. 3aaLL be
;':c"o1" p.!-"-"^ """"
1 ...nL.g. .nd analyses of ■■ailueac agd .rflaeac
ace oc^jt — 15 r*»«: j-tcfTDC "or volaCLis
orgaa.cs. ^^'-^e J S. l?^ orgaaic prxocity
;e;?oc;^. us.as U.S. EP. .ecods 62. and
625.
2. 3amoli2t aad inalvsis oi ^ kludge sanrole
3amDl'i2 coUac'.ioa. 3Corage, aaa analysis snail contocm --o
-tr^ui -ecommended orocedurea. Special sanmiing and/or
Pr!s:;^ac'i;"n -.r=nnique3 .111 be required for --.ose ooUacaacs
vnici deiariocaca rapidly.
Tn addition -.o "-ie orioncy ooLlacaacs, a reasonable accent
stal' be ^ade cc idencify and quaniciy -ie -.en »03C abandanc
cons-.-aents of aaca ..«ract (e.-cclading pcioncy poilucancs
and ■^suDSV --ued ali.Qacic coarpoonds) snown -.0 oe oreseac oy
oea.. .n ^r-.acal .on olo.s . recons cruc-.ed gas cnromacograms)
■rcr-.^:ni:n --i«,es bigner -..an -..e adjacenc '^^l^^l^^^^^rA}^^
-den.ir-icacion saail be accempced -.irouga ".be ase
com.,ucerizea -.ibrar/ of ^ass spec'-ra. vi.i visual .oni.r^ac on
a experienced analyse. Quan.irica cion ..ay .e oased on an
acder nagnicude escimace based upon comparison wi.a an
iacernal standard.
The annual program .liec'.iveness reviev snould ^^^^^^
addiiional steos aecessar/ 10 determine vnetner -ie poilucancs
or-senc incerrere. sass -.nrougn. or ocner-vise violace
Lo'-TR '03.:. I'oon 3uca de-.eminacion, ".he repori :iiusc aiso
.jg„...-., --a sieos --a.-can lo develop ana -niorce -ocaj.
liail-.Iiion on laduscrial iisc.iarges for laose ooilucancs.
~3i3 :.s a requirameac or -^0 ZT^ ^03.-.
4/15/86
ri -
?^R^: 111
Requirameac :3 Operace
1 Prstrsacmeac Program
The permicias. lersinaiter referred :o as Che "Coatrol Authority,"
is required to operate aa ladustriai pretreataent program as described in
Che program proposai approved by the "ndiaaa Departaem of invironraental
Management. To ensure the program is operated as approved, the following
conditions and reporting requirements are hereby established:
The Control Authority (CA) shall:
1. . Submit a schedule for impLemencatioa of its program vichin six
.. (6) weeics after the issuance of this lodification and report its
-: '--progress in implementing the pretreatment program during each
calenaar Tionta by the 13th day of the following month to the
'~ attention of the ?retreatmenc Group, Water Management, Indiana
State Board of Health. This reporting requirement may be
terminated by written locification from the Indiana Department of
Environmental Management without public notice.
2. Within 90 days of the effective date of this permit modification,
inform all Industrial users (lUs), by certified mail, of their
pretreatment program requirements as specified by the Sewer Use
Ordinance. These include:
a)
the pollutants each particular
analyze ,
Ill is required to sample and
b)
the pollutant limitations.
c)
the type of samples to take.
d)
the frequency at which samples
should be taken, and
e)
the reporting require.ments .
3. Enforce tae -.adustrial pretreatment requirements, including
:.naustrial aser iiscnarge limits, of the .nunicipal sewer use
crainance and iiscnarge permits issueo pursuant to the ordinance.
In aadition, :he CA is required to report Ills that are m violation
of ine araiaance -.n April. July, Octooer. and Saauar/. The
report snail mcl'^iae a description of torrsctive actions that
?.ave 3c •.i^I ta^en by tne C.A to resolve t.ie violations. Send
all reports to t.te attention or me -ompliance Section of the
jffice 3: Vater Management. laaiana State Board of neaitn Building,
1230 Vest Mic.-.igan Street, Inaianapoiis , Indiana, -6206.
■*■ Carry out inspection, surveillance, and monitoring reouirements
js jescrioea '.a its approved program -men will deterame,
L.iaeoenaent of ■.aiormation supplied by lUs , whether I'Cs are in
:ompLiance wii.i z.te '.naustriai user iiscnarge limits and other
appiicao^e pretreaCTieat requirements.
.-"ermit lo. JUj.'.yi
.^age ila ot '.3
a««,pap„ .a area .a ."aaaar-, of ioll:V, % "'"' '''''
proposed program ^odificacioa shall ^ '^^ "Snificaac
a signiiicaat program lodif-- caufr^h. n ^PP"'^!. Hereiaatcar,
limited -.0, any cLq« °n rh u, ■■aclude. but not be
-d. ear-ore: P-rL^Je'a^^ ,r a^lc-o^^^^d"""^^'^ " ^^^^"«
«>ajor nodificatioa ia iie" program' ^.h "quireaeaca ,
=P«at.ag agreemeac(s). a LglTx- caar^^'""''' Procedures or
procedure,, a sigaxiicaac ^e1a ■ J "■o-UCorxag
and a significaac chaage (iaciudia^ aa^ :""="^/"'«n"e syscem.
Wtacxoa, for coxxcaaC3 eaf^rced Jrf We local
inciuscrxai ..ers or" -^e se::grL-ea:^eanoJL' "
pretreacneac program. P"=-aure3 escablisaed ia zhe approved
PC
'-TC, 47eS
V 15/36
^UTIOWAL ?Ot,L-JTAMT 3tSCHARGE
--:mi::at:os systzm o^dzs) ?h-wit program
?'.'3l:c :toT-:c"
Issuanca of a Modlficacion :o :he MPDES 'emie Co
-mrlamenc and Operaca :he 'nduscrlal PracraaCTnenc Program
:.-idiana Oeparrzenc of invironmencal Manageaenc
L330 Veac Michigan Screec
tndiauaoolla, IM 46206
317/633-0795
Public ;rocica ;[umber: 51 i6^7 '--v 3,,;,7v,
••^ .uolic Mociee .saued On: July 9, igg
Paraic :io. : :m 0032191
!Jam. and Addraas of '-nnic-ae- ''^"-l! facility
.-rais.ae. .,T,ara Discharge Occurs:
Clcv of "or; Vavue 'Jcil-'e-aa .. , ,.
Cl=7-Counc. Building ^Inn"^ "^^^
On« Main Scraec -wengar Avenu.
Fort 7avT,a. ::t 46802
-• Sarnie tnforaaeion
£i3=.-,arge vascavacars .nco ^ne Maumee Vlva^"' t^^"?^^' applicant =0
ooerac^on3"=3ui- vascewacar :raa«anc olanc. Plane
vascava ar ^al aa".1f vhlir^'o ''"'"'^ ^^-"^^ '^--^-^
auchoricas ^J^r^^r'rl^-.i^Z^T-r'' ^""^^
caamium. chromiaa. coooer vantnl • ^ Po^-ucancs/oaramecers :
-cars, into vnich :ha discharge ifUl^,-^: -^^ Li"?::""""
-i:a ana partial bodv -onrac- --assL.aa :or aquatic
scandaraa'. ^ -ontac. .a accoraanca vich Scata vatar duality
— Aooeal PTooaduraa
^■oc-.:a, anv^:irL;"aigr"-/aa'bv^-^ '-'^ publication of ihis
^er^i: ..av .„aal --.-^"'ll Z 'Z --^^ abova-refarancad
:'ana,a.anc :or an .ai.aU^co^ .^ar^ -^r'^- ^l""''"'" :nvironn,encal
^«-=^t has :aan .ssuaa in accordancrvi;, i;olicaola"av'
Sue. . vrittan racuasc for an adjadicacorv hearing nust:
•-5 scata :ha na.e ana addrass of :ha person ,a.ing the ra.uest;
".) idenclfy :Sie iacsrean oi zhe person aalting :he raoueac:
■'jl idenclf"' anv ^arsons rapreaancad bv cii« parson aakin? :ha
raauesc;
'i) scaca vl:h parclculari::' :!ie reasons for ciie raquasc:
'51 stace vl:;i partlcularicy :tie issues proposed :or consideration
ac Che hearing; and
(61 ideaclf'/ :he permit ceraa and conditions which, in the
judgment oi the person naicing Che request, vould be
appropriate to satisfy the requirements of the law governing
permits of the type granted or denied by the Commissioner's
action.
Any such request shall be mailed or delivered to:
Mancy A. Malolev, Commissioner
Indiana Department of Environmental Management
1330 Vast Michigan Street
Indianapolis, IN 46206
III. General Inforaatlon
Copies of the issued ^TFOES permit, the permit application, and
other relatad documents are on file and may be insoectad in Room 334,
Indiana State 3oard of Health Building, 1330 Vast Michigan Street,
Indlanaoolis . Indiana, ae any time betveen 9:00 a.m., and 4:00 p.m.,
Monday chroueh Friday. Copies of this Public Motice and the prooosed
permit are available at the Indla".a State 3oard of 'ieaith Building.
These documencs nay be copied ac a cost of ISc per page. ?leasa bring
the foregoing :o the attention of persons vhom you <now vould be
interested in this matter.
1/Tort Vayne M0JII?M
EMERGENCY RESOLUTION 76-102-1
WHEREAS, as a result of moving the City scale to the Lafayette
Complex, the traffic flow of the heavy vehicles over the tank fills
has caused the concrete to collapse causing damage to the tank fills;
WHEREAS, if the concrete is not repaired immediately, the damage
to the tank fills will cause replacements of the tanks; and
NOW, THEREFORE, the Board of Public Works and Safety hereby
declares an emergency does exist and orders the Purchasing Department
to issue a purchase order to Jack Hildebrand, in the amount of $11,850.,
the lowest quote of two quotes:
Jack Hildebrand
$11,850.
Gasoline Equipment
$12,000.
to perform the necessary work.
Lawrence D. Consalvos, Director
Board of Public Safety
ATTEST :
Helen V. Gochenour,
Clerk
m\ 89
, PROPOSAL
S. E. Johnson Company
Contractors
pailpv Division
6112 Constitution Drive, Suite 108
Fnrt- Wavnp, TnHiana 46804
City Utilities
Citv-Countv Ruilding- One Main Street
PHONE
May 13. 1986
JOB NAME
RS-16026
CITY. STATE ANO ZIP CODE
Fnri- Wnvpp, Indiana — 46802
spEcipicATioNs Attn: Mr. Larry E. Deibert, Water Maintenance
Manhole Castings
1. Remove your castings in Clinton Street
Clinton Street
\
Lower them to allow the cold planer to grind the asphalt surface.
After the wedge and level course is placed, we will adjust them to grade and place a
new cement concrete base around the casting.
The cost of this work complete shall be $272.00
Wa^r Valve Adjustable Castings.
1- Remove the asphalt and concrete around the adjustable valve box and lower same.
2. fter the wedge and level course has been placed, we will remove the asphalt , adjust
lie casting and pour a concrete collar.
T1-: cost of the water valve box adjustment complete shall be $115.00 each.
The S. E. Johnso Company hereby proposes to furnish the material, equipment and labor to complete the above specified project
for the sum of: ag nr^i-pH a^n^^P dollars ($ )
The S. E. Johnson Company warrants that aii material will be as specified and aii worl( will be completed in a worlimanlike manner
according to slandad practices.
This proposal is valicfor 5 days after the above dale.
Any alterations or addtions to the work requiring extra cost will be undertaken after written orders from the owner and may result in
an extra charge over ind above the estimate.
The owner will be reqUred to carry fire, flood, tornado and other necessary Insurance.
The owner Is responsible for the marking of ail utility, gas, water and other underground lines and structures. The owner Is responsible
for any damage and repair costs to unmarked or Incorrectly marked underground Items.
All agreements c^tingem upon strikes, accidents or delays beyond our control.
Signature ^ /Tf, U^^i^^i^—^ Gay lord H. Widner, Division Manager
I, the undersigned, agree to all terms and cc nditions jjLtflj jj^posal as^Jafei herein^
Signatured
Date
/
Sheet 1 of 3
UTILITY A3R£g/Etfi'
The CITY OF FORT WAYNE. INDIANA
and its BOARD OF PUBLIC WORKS AND SAFETY
hereinafter referred to as the Board, and Indiana & Michigan Electric Company
(utility)
hereinafter referred to as the Ferrrdttee, hereby agree that utility facilities
consisting oflines. poles, underground facilities and other appurtenances
ON EAST STATE BOULEVARD FROM
located at the following described location
700 FEET WEST OF HOBSON ROAD TO 600 FEET EAST OF HOBSON ROAD
are hereby granted permit to be located within the highv.-ay right-of -ray in
accordance w-ith the attached drav.dnas or if no drav\ings are attached, the
utility facility nill be placed adjacent to the present utility facilities and
vidthin the street right-of-way line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following term.s and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and accorrmodated in a r.anner that v;:ll not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. The Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve
ment necessitate when so requested by the Board and assume the cost thereof,
except l^'here Permittee has a compensable property right therein or vAiere
reimbursement of such costs is provided for by lav;.
42
; _ Sheet 2 of 3
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before performing any of these
functions on such facilities located within the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature whatsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4. During the progress of any construction undertaken within the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety. and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they v/ere when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highway Rights-of-
V.'ay by Utilities 1971".
1
Sheet 3 of 3
Lawrence D. Consalvos, Member
ATTEST:
Hefen V. Gochenour, Clerk
Board of Public Works
Date : ^ -o^ J — fC
INDIANA & MICHIGAN ELECTRIC CO.
BY-
iy J. A. Delaney'
Authorized representative of Permittee
Date:
UTILITY AGRE3/.£lff
The CITY OF FORT WAYNE, INDIANA
its BOARD OF PUBLIC WORKS AND SAFETY
Sheet 1 of 3
hsreinafter referred to as the Board, and Comr.a!;t. Cahlp
(utility)
hereinafter referred to as the Fern-.ittee, hereby agree that utility facilities
consisting of lines, poles, underground facilities and other appurtenances
ON EAST STATE BOULEVARD FROM
located at the following described location
700 FEET WEST OF HOBSON ROAD TO 600 FEET EAST OF HOBSON ROAD
are hereby granted permit to be located vsithin the highv.'ay right-of-way in
accordance with the attached draviings or if no drawings are attached, the
utility facility will be placed adjacent to the present utility facilities and
within the street right-of-way line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following terms and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and accommodated in a manner that will not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. The Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve
ment necessitate when so requested by the Board and assume the cost thereof,
except wtiere Permittee has a compensable property right therein or v/here
reimbursement of such costs is provided for by law.
^2
; _ Sheet 2 of 3
The Permittee further agrees to comply. with the rules and reaulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before performing any of these
functions on such facilities located ivithin the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature whatsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4. During the progress of any construction undertaken mthin the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety, and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they v;ere when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highway Rights-of-
V.'ay by Utilities 1971".
Sheet 1 of 3
UTILITY AGRe3/.EIJT
The CITY OF FORT WAYNE. INDIANA
and its BOARD OF PUBLIC WORKS AND SAFETY
hereinafter referred to as the Board, and Indiana & Michigan Electric Company
(uti.lity)
hereinafter referred to as the Ferrrattee, hereby agree that utility facilities
consisting oflines. poles, underground facilities and other appurtenances
ON EAST STATE BOULEVARD FROM
located at the following described location
700 FEET WEST OF HOBSON ROAD TO 600 FEET EAST OF HOBSON ROAD
are hereby granted permit to be located within the highv,3y right-of -Vi'ay in
accordance w-ith the attached dramngs or if no drarangs are attached, the
utility facility vAW be placed adjacent to the present utility facilities and
within the street right-of-way line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following terms and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and acco.Tvnodated in a ir.anner that will not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. The Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve
ment necessitate when so requested by the Board and assume the cost thereof,
except where Permittee has a compensable property right therein or vjhere
reimbursement of such costs is provided for by law.
Sheet 2 of 3
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before perfonning any of these
functions on such facilities located >vithin the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature v,-h5tsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4. During the progress of any construction undertaken within the limits
of the said highugy in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety, and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they v;ere when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highway Rights-of-
V.'ay by Utilities 1971".
Sheet 3 of 3
BOARD OF PUBLIC WORKS & SAFETY
CITY OF/fORT WAYNE, INDIANA
Dav>tt^. Keiste>K Chairperson
tte R./Simmon, Member
Lawrence D. Consalvos, Member
ATTEST:
■A
Helen V. Gochenour, Clerk
Board of Public Works
Date:
INDIANA 6. MICHIGAN ELECTRIC CO.
BY-
Authorized representative of Permittee
Date:
tit 7^./»/- 33
Sheet 1 of 3
UTILITY t--B13mr\
The CITY OF FORT WAYNE. INDIANA
and its BOARD OF PUBLIC WORKS AND SAFETY
hereinafter referred to as the Board, and General Telephone Company of Indiana , Inc
(utility)
hereinafter referred to as the Permittee, hereby agree that utility facilities
consisting of li"es, poles, underground facilities and other appurtenances
ON EAST STATE BOULEVARD FROM
located at the following described location
700 FEET WEST OF HOBSON ROAD TO 600 FEET EAST OF HOBSON ROAD
are hereby granted permit to be located within the highv.-ay right-of -v.-ay in
accordance mth the attached drai'.dngs or if no drawings are attached, the
utility facility viill be placed adjacent to the present utility facilities and
within the street right-of-way line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following terms and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and accommodated in a manner that will not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. The Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve-
ment necessitate when so requested by the Board and assume the cost thereof,
except where Permittee has a compensable property right therein or vAere
reimbursement of such costs is provided for by law.
; _ Sheet 2 of 3
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before performing any of these
functions on such facilities located mthin the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature whatsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4. During the progress of any construction undertaken within the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety. and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they were when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highway Rights-of-
Kay by Utilities 1971".
Sheet 3 of 3
'^^0 - 56
BOARD OF PUBLIC WORKS & SAFETY
CITY OF/^FORT WAYNE, INDIANA
Davi^J. Kei^r, Chairperson
0^>gfc
Lawrence D. Consalvos, Member
ATTEST:
Kathleen L. Moore, Clerk-Typist
General Telephone Company
of Indiana, Inc.
Dan A. Ahlersmeyer
Engineering Supervisor-Ketwork Facilities
Date : P,ljjl/'f8(^
Sheet 1 of 3
UTILITY A"?.£3/:Bff
The CITY OF FORT WAYNE. INDIANA
and its BOARD OF PUBLIC WORKS AND SAFETY
hereinafter referred to as the Board, and NIPSCO (gas)
(utility)
hereinafter referred to as the Permittee, hereby agree that utility facilities
consisting of mains, underground facilities and other appurtenances
^ , ^ . ^ -u ^ , ON EAST STATE BOULEVARD FROM
located at the following described location
700 FEET WEST OF HOBSON ROAD TO 600 FEET EAST OF HOBSON ROAD
are hereby granted permit to be located viithin the highvray right-of-way in
accordance ttith the attached drav.dngs or if no drawings are attached, the
utility facility will be placed adjacent to the present utility facilities and
vvdthin the street right-of-way line as indicated on the plans for the proposed
project. In consideration thereof, the Permittee hereby agrees to abide by
and conform with the following terms and conditions:
1. The above described utility facilities to be retained, installed,
adjusted or relocated on, over, along or under the highway within the right-of-
way limits will be located and accommodated in a r.anner that v;ill not impair
the planned highway, or its construction, or maintenance or interfere with its
safe operation.
2. The Permittee hereby agrees to assume liability for making any
necessary utility adjustments, should future traffic conditions or road improve
ment necessitate when so requested by the Board and assume the cost thereof,
except where Permittee has a compensable property right therein or vAiere
reimbursement of such costs is provided for by law.
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before performing any of these
functions on such facilities located within the highway right-of-way.
3. The Permittee shall save harmless and indemnify the Board from
any claim for damages of any nature whatsoever arising out of Permittee's
negligence in connection with any work done pursuant to this agreement.
4. During the progress of any construction undertaken within the limits
of the said highway in pursuance hereof, the Permittee shall provide watchmen
and flagmen as may be reasonably required by the Board for safety, and con-
venience of the public and shall furnish all barricades, signs and lights
reasonably necessary to protect the public. Traffic shall be maintained at
all times unless otherwise indicated hereon by special endorsement of the
Board's duly authorized representative.
5. All damage to drainage structures, roadbeds, pavements and other
highway appurtenances arising from the installation, maintenance or repair of
Permittee's utility facilities shall be repaired at expense of Permittee.
No portion of the pavement of any highway shall be disturbed without prior
permission of the Board. Upon completion of any work within limits of the
highway all disturbed portions shall be replaced as nearly as practicable in
as good a condition as they v/ere when work was begun.
6. It is understood and agreed by the Permittee and the utility that the
utilities shall comply with the "State of Indiana, Indiana State Highway Com-
mission Policies Covering the Use and Occupancy of Public Highway Rights-of-
V.'ay by Utilities 1971".
Sheet 3 of 3
Date
BOARD OF RUBLIC WORKS & SAFETY
CITY OF PORT WAYNE, INDIANA
Lawrence 0. Consalvos, Member
ATTEST:
rcierk
Helen V. Gochenour
Board of Public Works
Authorized representative of Permittee
Date : ^ A / tC
42
^ S/ I
RESOLUTION NO. 76-97-10
BE IT RESOLVED, by the BOARD OF PUBLIC WORKS & SAFETY of the
CITY OF FORT WAYNE, INDIANA, that Cosette R. Simon
of the BOARD OF PUBLIC WORKS & SAFETY, is hereby
designated to be authorized signatory in behalf of the CITY OF FORT
WAYNE on any instruments or documents pertaining to USBPA GRANTS.
The aforesaid signatory is further authorized to execute any
subsequent documents pertaining to said USEPA Grants for the CITY
OF FORT WAYNE.
APPROVED this 7nth day of August, 1986
A true copy is Incorporated herein.
David J. Kiester, Director
Public Works
44
IMPROVEMENT RESOLUTION
FOR CURB AND SIDEWALK
NO. 6054-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve:
1) PLAZA DRIVE from the south property line of Colerick Street
to the north property line of Drexel Avenue for the purpose
of constructing new curbs, sidewalks, drive approaches,
alley approaches and wingwalks.
2) CENTRAL DRIVE from the south property line of Colerick
Street to the north property line of Drexel Avenue for the
purpose of constructing new sidewalks, drive approaches,
alley approaches and wingwalks.
all in accordance with the specifications on file in the office
of the Department of Public Works and Safety of said City; and
such improvement is now ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
& SAFETY
Adopted, this_ day of
ATTES^VuXipA^^ ; ^' ')^^J.L^>U-CA^
Secretary and Clerk
version 1: 5/1/85
ESTIMATE OF QUANTITIES
DATE:
8/18/86
PROJ
1986 BOND ISSUE - PLAZA DR. & CENTRAL DR.
RES. NO:
6054-86
ITEM
NO.
ITEM
1 QUANTITY
UNIT
UNIT COSTI
($) 1
1
AMOUNT
(5)
1.
Curb Removal
1 1586
LF
2 .
Concrete Removal
1 2002
SY
3 .
Concrete Curb Type III
1 1540
LF
4.
Private Drive Approaches 6"
1 143
SY
5 .
Alley Approaches 8"
1 66
SY
6.
Concrete Sidewalks & Yd. Walks 4"
1 15890
SF
7.
Concrete Wingwalks & Ramps 6"
1 1841
SF
8.
Catch Basins Type I-C
1 4
EA
9 .
Catch Basins Abandon
1 4
EA
10.
Structures Adj . To Grade
1 2
EA
11.
R.C.P. CI IV (Incl. Backfill) 12"
1 50
LF
12.
Asphalt Patching
1 163
TON
13.
Fine Grade & Seed
1 1870
SY
14.
Backfill Behind Curbs
1 160
TON
Top Soil
168
TON
SUBTOTAL: $92,204.80
E&I: $9,220.48
TOTAL: $101,425.28
Sheet 1 of 1
THE AMERICAN INSTITUTE OF ARCHITECTS 7/. y^.,/
MA Document B141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the first (1st) day of May in the year of Nineteen
Hundred and eighty-six (1986)
City of Fort Wayne
BETWEEN the Owner: 1°^'^^°^ Public Works
City-County Building, 9th floor
One Mai n S treet
Fort Wayne, In 46802
and the Architect: Schenkel & Shultz, Architects/Engineers
a Division of Schenkel & Shultz, Inc.
3702 Rupp Drive
Fort Wayne, IN 46815
For the following Project:
(Include detailed description of Project location and scope.)
Design and planning of city departmental executive offices on the
ninth floor as well as the design and planning on the third floor of
the displaced departments from the ninth floor of the City-County
Building .
The Owner and the Architect agree as set forth below.
Copyrighl 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967 1 970, 1974 & 1977 by The American Inslilute
of Architects, 1735 New York Avenue, N w , Washington, D C 20006 Reproduction o1 the materiat herein or
substantial quotation ol its provisions without permission of the AIA violates (he copyright laws of the United
Slates and will be subject to legal prosecution
AIA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • A1A« • © 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006
B141-1977 1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services Included
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other, subject to the limitations set
forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a State-
ment of Probable Constriction Cost based on current
area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in
the program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec-
trical systems, materials and such other elements as may
be appropriate.
1.2.2 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual-
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
ings and Specifications setting forth in detail the require-
ments for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara-
tion of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agree-
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust-
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-
ing jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE— ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when hnal payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall provide administration of the Contract for Construc-
tion as set forth below and in the edition of AIA Docu-
ment A201, General Conditions of the Contract for Con-
struction, current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded through the Architect. The Archi-
tect shall have authority to act on behalf of the Owner
only to the extent provided in the Contract Documents
unless otherwise modified by written instrument in ac-
cordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals ap-
propriate to the stage of construction or as otherwise
agreed by the Architect in writing to become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Archi-
tect shall not be required to make exhaustive or con-
tinuous on-site inspections to check the quality or quan-
tity of the Work. On the basis of such on-site observa-
tions as an architect, the Architect shall keep the Owner
informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1.5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the
Work, for the acts or omissions of the Contractor, Sub-
I'JI'i'i"'"' ■ OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION . lUlY 1977 . AIA8 . m 1077
THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE N W WASHINGTON Oc S
B141-1977 3
46
1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICI.E 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering sen/ices and any other services included
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other, subject to the limitations set
forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by tne Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in
the program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec-
trical systems, materials and such other elements as may
be appropriate.
1.2.2 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost.
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual-
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
ings and Specifications setting forth in detail the require-
ments for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara-
tion of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agree-
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust-
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-
ing jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE— ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall provide administration of the Contract for Construc-
tion as set forth below and in the edition of AIA Docu-
ment A201, General Conditions of the Contract for Con-
struction, current as of the date of this Agreement.
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded through the Architect. The Archi-
tect shall have authority to act on behalf of the Owner
only to the extent provided in the Contract Documents
unless otherwise modified by written instrument in ac-
cordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals ap-
propriate to the stage of construction or as otherwise
agreed by the Architect in writing to become generally
familiar with the progress and qualit\' of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Archi-
tect shall not be required to make exhaustive or con-
tinuous on-site inspections to check the quality or quan-
tity of the Work. On the basis of such on-site observa-
tions as an architect, the Architect shall keep the Owner
informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1.5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the
Work, for the acts or omissions of the Contractor, Sub-
AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA* • ® 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W . WASHINGTON, D C 20006
81 41 -1977 3
I
45
contractors or any other persons performing any ot he
WoTo, for the failure of any of them to carry out the
Work' in accordance with the Contract Documents.
1.5.6 The Architect shall at all times have access to the
Work wherever it is in preparation or progress.
15 7 The Architect shall determine the amounts owing
to the Contractor based on observations at the site and on
evaluations of the Contractor's Applications for Paymerit,
and shall issue Certificates for Payment m such amounts,
as provided in the Contract Documents.
158 The issuance of a Certificate for Payriient shall
constitute a representation by the Architect to the Owner,
based on the Architect's observations at the site as pro-
vided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work
has progressed to the point indicated; that, to the best of
the Architect's knowledge, information and belief, the qual-
ity of th? Work is in accordance with the Contract Docu-
ments (subject to an evaluation of the Work for con-
formance with the Contract Documents upon Substantial
Completion, to the results of any subsequent tests re-
quired by or performed under the Contract Documents,
to minor deviations from the Contract Documents cor-
rectable prior to completion, and to any specific qualifica-
tions stated in the Certificate for Payment); and that the
Contractor is entitled to payment in the amount certified^
However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has made any
examination to ascertain how and for what purpose the
Contractor has used the moneys paid on account of the
Contract Sum.
1.5.9 The Architect shall be the interpreter of the re-
quirements of the Contract Documents and the judge of
the performance thereunder by both the Owner and
Contractor. The Architect shall render interpretations nec-
essary for the proper execution or progress of the Work
with reasonable promptness on written request of either
the Owner or the Contractor, and shall render written de-
cisions, within a reasonable time, on all claims, disputes
and other matters in question between the Owner and the
Contractor relating to the execution or progress of the
Work or the interpretation of the Contract Documents.
1.5.10 Interpretations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in written or
graphic form. In the capacity of interpreter and judge,
the Architect shall endeavor to secure faithful perform-
ance by both the Owner and the Contractor, shall not
show partiality to either, and shall not be liable for the
result of any interpretation or decision rendered in good
faith in such capacity.
1.5.11 The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent of
the Contract Documents. The Architect's decisions on
any other claims, disputes or other matters, including
those in question between the Owner and the Contractor,
shall be subject to arbitration as provided in this Agree-
ment and in the Contract Documents.
1.5.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, in the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent
of the Contract Documents, the Architect will have author-
ity to require special inspection or testing of the Work in
accordance with the provisions of the Contract Docu-
ments, whether or not such Work be then fabricated, in-
stalled or completed.
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Contractor's submittals .
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable •
promptness so as to cause no delay. The Architect's ap-
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for
the Owner's approval and execution in accordance with
the Contract Documents, and shall have authority to order
minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the Contract
Documents.
1.5.15 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Pay-
ment.
1.5.16 The extent of the duties, responsibilities and lim-
itations of authority of the Architect as the Owner's rep-
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con-
tractor and the Architect.
1.6 PROIECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex-
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, em-
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed be-
tween the Owner and the Architect as set forth in an ex-
hibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1.6.3 Through the observations by such Project Repre-
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project representa-
tion shall not modify the rights, responsibilities or obliga-
tions of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic
Services unless so identified in Article 15. They shall
be provided if authorized or confirmed in writing by
the Owner, and they shall be paid for by the Owner
as provided in this Agreement, in addition to the
compensation for Basic Services.
4 B141-1977
AlA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • |ULV 1977 • AIA« • © 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE. N.W,, WASHINGTON, D.C. 20006
1
1 7.1 Providing analyses of ,he Owner's needs, and pro-
gramming the requirements of Ihe Project.
1.7.2 Providing financial feasibility or other special
studies.
1 7 1 Providing planning surveys, site evaluations, env.-
^onmentaT tudL or comparative studies of prospective
o°others fiaving jurisdiction over the Project.
1 7 4 Providing services relative to future facilities, sys-
ll\ andCipment which are not intended to be con-
structed during the Construction Phase.
1 7 5 Providing services to investigate existing conditions
o'r facil.t es or to make measured drawings thereof, o to
veri?y the accuracy of drawings or other information fur-
nished by the Owner.
176 Preparing documents of alternate, separate or
equential bids or providing extra services in connection
wUh bidding negotiation or construction prior to the
romple>'°n °f .he Construction Documents Phase, when
requested by the Owner.
177 Providing coordination of Work performed by
separate contractors or by the Owner's own forces.
1 7 8 Providing services in connection with the work of
a construction manager or separate consultants retained
by the Owner.
1 7 9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs or detailed quan^
tity surveys or inventories of material, equipment and
labor.
1710 Providing intenor design and other similar ser-
vices required for or in connection with the selection
procurement or installation of furniture, furnishings and
related equipment.
1.7.11 Providing services for planning tenant or rental
spaces.
1712 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such doc-
uments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting
data and providing other services in connection with
Change Orders to the extent that the adjustment in the
Basic Compensation resulting from the adjusted Con-
struction Cost is not commensurate with the services re-
quired of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Architect.
1.7.14 Making investigations, surveys, valuations, inven-
tories or detailed appraisals of existing facilities, and serv-
ices required in connection with construction performed
by the Owner.
1.7.15 Providing consultation concerning replacement of
any Work damaged by fire or other cause during con-
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1 7.16 Providing services made necessary by the default
0 the Contractor, or by major defects or deficiencies m
the Work of the Contractor, or by ^^''^'^ °f P<.^'° "1 "(^^^
of either the Owner or Contractor under the Contract tor
Construction.
1 717 Preparing a set of reproducible record drawings
howing significant changes in the Work made during
onstruction based on marked-up P""»^; ^'^^'"S^^
other data furnished by the Contractor to the Architect.
1 7 18 Providing extensive assistance in the utilization of
any equipment or system such as initial start-up or testing
adiushng and balancing, preparation of operation and
maintenance manuals, training personnel for operation
and maintenance, and consultation dunng operation.
1 7 19 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work.
1 7 20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1 7 21 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec-
trical engineering services for the Project.
1 7 22 Providing any other services not otherwise in-
cluded m this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1.8 TIME
181 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work^ Upon
request of the Owner, the Architect shall submit for the
Owner's approval, a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall include allowances for peri-
ods of time required for the Owner's review and approval
of submissions and for approvals of authorities having
jurisdiction over the Project. This schedule, when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, including space requirements and relation-
ships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it
shall include contingencies for bidding, changes in the
Work during construction, and other costs which are tlie
responsibility of the Owner, including those described in
this Article 2 and in Subparagraph 3.1.2. The Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
B1 41 -1977 5
45
2 3 The Owner shall designate, when necessary, a rep-
resentative authorized to act in the Owner's behalf with
respect to the Project. The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Architect's services.
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin-
ing property; rights-of-way, restrictions, easements, en-
croachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete
data pertaining to existing buildings, other improvements
and trees; and full information concerning available serv-
ice and utility lines both public and private, above and
below grade, including inverts and depths.
2.5 The Owner shall furnish the services of soil engi-
neers or other consultants when such services are deemed
necessary by the Architect- Such services shall include test
borings, test pits, soil bearing values, percolation tests, air
and water pollution tests, ground corrosion and resistivity
tests, including necessary operations for determining sub-
soil, air and water conditions, with reports and appropri-
ate professional recommendations.
2.6 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and re-
ports as required by law or the Contract Documents.
2.7 The Owner shall furnish all legal, accounting and in-
surance counseling services as may be necessary at any
time for the Project, including such auditing services as
the Owner may require to verify the Contractor's Applica-
tions for Payment or to ascertain how or for what pur-
poses the Contractor uses the moneys paid by or on be-
half of the Owner.
2.8 The ser\'ices, information, surveys and reports re-
quired by Paragraphs 2.4 through 2.7 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.9 If the Owner observes or otherwise becomes aware
of any fault or defect in the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect.
2.10 The Owner shall furnish required information and
services and shall render approvals and decisions as ex-
peditiously as necessary for the orderly progress of the
Architect's services and of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
3.1.2 The Construction Cost shall include at current
market rates, including a reasonable allowance for over-
head and profit, the cost of labor and materials furnished
by the Owner and any equipment which has been de-
signed, specified, selected or specially provided for by
the Architect.
3.1.3 Construction Cost does not include the compen-
sation of the Architect and the Architect's consultants,
the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Arti-
cle 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budget. State-
ments of Probable Construction Cost and Detailed
Estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a
design professional familiar with the construction indus-
try. It is recognized, however, that neither the Architect
nor the Owner has control over the cost of labor, male-
rials or equipment, over the Contractor's methods of de-
termining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or
negotiated prices will not vary from the Project budget
proposed, established or approved by the Owner, if any,
or from any Statement of Probable Construction Cost or
other cost estimate or evaluation prepared by the Archi-
tect.
3.2.2 No fixed limit of Construction Cost shall be estab-
lished as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget under Sub-
paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such
fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been estab-
lished, the Architect shall be permitted to include con-
tingencies for design, bidding and price escalation, to de-
termine what materials, equipment, component systems
and types of construction are to be included in the Con-
tract Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract Docu-
ments alternate bids to adjust the Construction Cost to the
fixed limit. Any such fixed limit shall be increased in the
amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not com-
menced within three months after the Architect submits
the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be ad-
justed to reflect any change in the general level of prices
in the construction industry between the date of submis-
sion of the Construction Documents to the Owner and
the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction
Cost (adjusted as provided in Subparagraph 3.2.3) is ex-
ceeded by the lowest bona fide bid or negotiated pro-
posal, the Owner shall {1) give written approval of an
increase in such fixed limit, (2) authorize rebidding or re-
negotiating of the Project within a reasonable time, (3) if
the Project is abandoned, terminate in accordance with
Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction
Cost. In the case of (4), provided a fixed limit of Construc-
tion Cost has been established as a condition of this Agree-
ment, the Architect, without additional charge, shall mod-
ify the Drawings and Specifications as necessary to comply
6 B141-1977
AlA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • A1A» • © 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006
with the fixed limit. The providing of such service shall be
the limit of the Architect's responsibility arising from the
establishment of such fixed limit, and having done so, the
Architect shall be entitled to compensation for all services
performed, in accordance with this Agreement, whether
or not the Construction Phase is commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment taxes and other statutory employee bene-
fits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi-
tect's employees and consultants in the interest of the
Project for the expenses listed in the following Sub-
paragraphs:
5.1.1 Expense of transportation in connection with the
Project; living expenses in connection with out-of-town
travel; long distance communications, and fees paid for
securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants.
5.1.3 Expense of data processing and photographic pro-
duction techniques when used in connection with Addi-
tional Services.
5.1.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock-ups re-
quested by the Owner.
5.1.6 Expense of any additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally carried by the
Architect and the Architect's consultants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An initial payment as set forth in Paragraph 14.1 is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly and shall be in proportion to services per-
formed within each Phase of services, on the basis set
forth in Article 14.
6.1.3 If and to the extent that the Contract Time initially
established in the Contract for Construction is exceeded
or extended through no fault of the Architect, compensa-
tion tor any Basic Services required for such extended
period of Administration of the Construction Contract
shall be computed as set forth in Paragraph 14.4 for Addi-
tional Services.
6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
deleted or otherwise not constructed, compensation for
such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
with the schedule set forth in Subparagraph 14,2.2, based
on (1) the lowest bona fide bid or negotiated proposal or,
(2) if no such bid or proposal is received, the most recent
Statement of Probable Construction Cost or Detailed Esti-
mate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages
or other sums withheld from payments to contractors, or
on account of the cost of changes in the Work other than
those for which the Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4.1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall
be compensated for all services performed prior to receipt
of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph
10,4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation
shall be equitably adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on
the basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of serv-
ice are and shall remain the property of the Architect
whether the Project for which they are made is executed
or not. The Owner shall be permitted to retain copies, in-
cluding reproducible copies, of Drawings and Specifica-
tions for information and reference in connection with the
Owner's use and occupancy of the Project. The Drawings
and Specifications shall not be used by the Owner on
°.'?F,V"l'l^ ' OWNER-ARCHITECT AGREEMENT . THIRTEENTH EDITI
THE AMERICAN INSTITUTE OF ARCHITEOS. 173S NEW YORK AVENUE, N
ION • JULY 1977 • AIA» • © 1977
W, WASHINGTON, DC. 20006
B1 41 -1977 7
other projects, for additions to this Project, or for comple-
tion of this Project by others provided the Architect is not
in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Archi-
tect.
8.2 Submission or distribution to meet official regulatory
requirements or for other purposes in connection with the
Project is not to be construed as publication in derogation
of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question
between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutu-
ally agree otherwise. No arbitration, arising out of or re-
lating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional person not
a party to this Agreement except by written consent con-
taining a specific reference to this Agreement and signed
by the Architect, the Owner, and any other person sought
to be joined. Any consent to arbitration involving an ad-
ditional person or persons shall not constitute consent to
arbitration of any dispute not described therein or with
any person not named or described therein. This Agree-
ment to arbitrate and any agreement to arbitrate with an
additional person or persons duly consented to by the
parlies to this Agreement shall be specifically enforceable
under the prevailing arbitration law.
9.2 Notice of the demand for arbitration shall be filed in
writing with the other party to this Agreement and with
the American Arbitration Association. The demand shall
be made within a reasonable time after the claim, dispute
or other matter in question has arisen. In no event shall
the demand for arbitration be made after the date when
institution of legal or equitable proceedings based on
such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
9.3 The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect
in the event that the Project is permanently abandoned.
10.3 In the event of termination not the fault of the Ar-
chitect, the Architect shall be compensated for all services
performed to termination date, together with Reimburs-
able Expenses then due and all Termination Expenses as
defined in Paragraph 10.4.
10.4 Termination Expenses include expenses directly at-
tributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total Basic and Additional Compensa-
tion earned to the time of termination, as follows:
.1 20 percent if termination occurs during the Sche-
matic Design Phase; or
.2 10 percent if termination occurs during the Design
Development Phase; or
.3 5 percent if termination occurs during any subse-
quent phase.
ARTICLE n
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Architect.
11.2 Terms in this Agreement shall have the same mean-
ing as those in AIA Document A201, General Conditions
of the Contract for Construction, current as of the date
of this Agreement.
11.3 As between the parlies to this Agreement: as to all
acts or failures to act by either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the rele-
vant Date of Substantial Completion of the Work, and as
to any acts or failures to act occurring after the relevant
Date of Substantial Completion, not later than the date of
issuance of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult-
ants, agents and employees of the other for damages cov-
ered by any property insurance during construction as set
forth in the edition of AIA Document A201, General Con-
ditions, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar waivers from their contractors, consultants and
agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representa-
tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer any interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree-
ments, either written or oral. This Agreement may be
amended only by written instrument signed by both
Owner and Architect.
8 B141-1977
AIA DOCUMENT ffl41 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 . AIA® • ©1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensaie the Architect for the Scope of Services provicJed in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAl PAYMENT of NO dollars ($3 0 0 0 0 0 0 )
shall be made upon execution of this Agreement and credited to the Owner's account as follows:
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
IH,„ mseM bi,n ol compfnijiion, wcWd.ng fi.ed amounu multipht o, peiceMge,. and ,dM,fy Phlses lo which pan.culjr merftodi ol compensa-
lion apply, il neceisar, I
Compensation shall be on an hourly basis as if it were additional
services for a not to exceed amount of fifteen hundred dollars
($1,500.00) .
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
(Jfic/ude an) additional Phases as apptopnale I
Schematic Design Phase: percent! %)
Design Development Phase: percent ( %)
Construction Documents Phase: N/A percent ( %)
Bidding or Negotiation Phase: percent ( %)
Construction Phase: percent ( %)
14.3 FOR PROIECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
AIA DOCUMEKT B141 • OWNER-ARCHITEa AGREEMENT • THIRTEENTH EDITION . |ULY 1977 - AIA« . © 1977
THE AMERICAN INSTITUTE OF ARCHITEOS, 1735 NEW YORK AVENUE, N W' . WASHINGTON, D C. 2000fe
B141-1977 9
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14 41 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 17, and any other services in-
eluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
IHt„ inirri bai.i o( comptnur.on, inclir<(;/ig rjl« «n*or mullip/fs ol D:rtcl Pfrionnel £,penir lot Prmciptls ind employees tnd idrmily Pr/ncrp./i
Mod dtssily pmpjoyeei, II requited Identily specific jefvices fo which particu'J' mejhodj of compeniadon uppf^ if nectisaty }
14.4.1.1 Principals' time at the rate of seventy-five dollars
($75.00) per hour. For the purpose of this Agreement, the
principals are:
James J. Schenkel Jack M. Krouse
Richard D. Shultz Ronald D. Torborg
Michael S. Gouloff Judith A. Sullivan
Employees' time (other than principals) shall be computed at two and
one-half (2.5) times their Direct Personnel Expense.
Word processing equipment time will be billed at a rate of fifteen
dollars and seventy cents ($15.70) an hour.
Computer equipment time will be billed at a rate of fifty-six
dollars and sixty cents ($56.60) an hour.
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-
tional Services, a multiple of one and three-tenths ( 1.3 i times ihe amounts billed
to the Architect for such services.
(IdenlUy specific iype^ ol conjuflantj in AtHcle 75 if lequited I
14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim-
bursable Expenses, a multiple of one and one- tenth ( 1.1 ) times the amounts ex-
pended by the Architect, the Architect's employees and consultants in the interest of the Pro)ect.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of
busmess of the Architect. 115% per month from date of invoice (30 days)
(Hete ifiieil any tale of inleiejt agreed upot\ I
(Usury laws and teqmremerrts under the federal Truth in lending Act. srmilar stale and local consumer credit laws and other regulations at the
Owner s and Architect's principal places ol business Ihe location ol the Protect and elsewhere may ahect the validity ol this provision Specific legal
advice should be obtained with respect to deletion, modification, or olhei requirements such as written disclosures or waivers I
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within six
(5 ) months of the date hereof, through no fault of the Architect, the amounts of compensation rates and
multiples set forth herein shall be equitably adjusted.
10 B141-1977
ARTICLE 15
OTHER CONDITIONS OR SERVICES
15.1 LITIGATION
In the event Schenkel & Shultz, Architects-Engineers, a Division
of Schenkel & Shultz, Inc., and/ or any of its employees,
consultants or agents, are required by subpoena or process of law
to provide consultation, research, testimony, reports or otherwise
participate m any lawsuits, arbitration or similar proceedinqs
involving the project, either during or after completion of the
project, and whether subpoened or called by Owner, Contractor or
any other party to said suit or proceedings. Owner shall reimburse
Schenkel & Shultz for all additional services required thereby at
the rates for additional services as herein set forth? or in the
absence thereof, at Schenkel & Shultz' s then standard rates olus
reimbursement for all expenses actually incurred in connection
therewith In the event Schenkel & Shultz is a party to such suit
or proceeding, or expenses relating solely to its o^ defense, it
shall not be entitled to reimbursement for such defense unless
otherwise in this Agreement provided. Any witness fees 'or other
d^dn"r^ directly to Schenkel & Shultz by others shall be
deducted and offset against Owner's liabi lity hereunder The
provision hereof shall survive the termination of this Agreement.
15.2 ASBESTOS REMOVAL
15.2.1 Owier represents and warrants that there are no pollutants (as
Dretn^r ^^'3-=cribed in Paragraph 15.2.2 hereof) or asbestos
roc::;^^;>^ori^rP?ojS.'"^ ^^-'^ improvements constituting the
15.2.2 Notwithstanding anything herein contained to the contrary
d^^nds responsible for any and aU clafm^,'
pollutants shall mean any son! ^^^^T °* ^""'^ agreement,
irritant or contaminant inM^^ liquid, gaseous, or thermal
acids^ alkalis?^t::jto"ais^"nd"^asL!'"°^:st:%^Ill7°^i J^^'
materials to be recycled, reconditiined or reel aims r
Continued on page 12
2)
"'=x.srs-^^^^^^^ ^^^^^
46
ARTICLE 15 continued
15.2.1 Asbestos Removal continued
3) Specification of a product, material or process
CCTitaining asbestos;
4) Failure to detect or advise of the existence or
proportion of asbestos;
5) The performance or failure to perform services in the
abatement, replacement or removal of a product, material
or process containing asbestos; or
6) Installation, modification, abatement, replacement or
removal of a product, material or process containing
asbestos .
15.2.3 The owner hereby indemnifies, holds harmless and agrees to
defend Architect, its employees, agents, servants,
officers, directors and representatives, from and against
any and all claims, demands, suits, costs and expenses,
including attorneys' fees, and causes of action of whatever
nature or kind that may be alleged or asserted against
Architect arising out of breach of the warranty set forth
in Paragraph 15.2.1 hereof and from and against any and all
claims of the type described in Paragraph 15.2.2 hereof.
This Agreement entered into as of the day and year first written above.
12 B141-1977
ADDENDUM TO AGREEMENT
Dated: May 1, 1986
Schenkel & Shultz, Inc., "Architects"
City of Fort Wayne, Indiana, "Owner"
Dated May 1, 1986 - City-County Building Project
This addendum shall constitute a part of the referenced
Agreement and the terms hereof shall in all events be
controlling over and supercede the provisions of the said
Agreement .
1. The city shall have no liability or obligation for the
payment of any additional services per paragraph 15.1 of the
Agreement excepting only in those instances where city has
elected to call any of the mentioned persons or organizations as
its witness in a court proceeding and then only to the extent of
those services actually requested by city.
2. City is not the owner of the premises described in the
Agreement, did not construct same and has no knowledge of the
existence or non-existence of pollutants, asbestos, or other
items detailed in paragraph 15.2; 15.2.1; 15.2.2; or 15.2.3 of
said Agreement. The provisions of said paragraphs are herewith
deleted and shall not constitute a part of the Agreement of the
parties .
This Agreement entered into as of the day and year first written
above .
"OWNER" "ARCHITECT"
40244. ris/slr
46
IMPROVEMENT RESOLUTION
FOR STREET OR ALLEY
NO. 6053-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF FORT WAYNE, INDIANA,
That it is deemed necessary to improve PLANEVIEW DRIVE from the south property
line of Council Drive to the north property line of Heine Drive and HEINE DRIVE
from Che east property line of Planeview Drive to the west property line of In-
dustrial Road by constructing storm drainage, curbs and 8 inch plain concrete or
flexible pavement as per plans,
All in accordance with the profile, details, drawings, and specifications on file
in the office of the Department of Public Works and Safety of said City; and such
improvement is now ordered.
The cost of said improvement shall be assessed 75% upon the real estate abutting
on said improvements as above described and 25% upon the City of Fort Wayne, IN,
if the said city is benefited by said improvement, all according to the method
and manner provided for in an Act of General Assembly of the State of Indiana, l
entitled "An Act Concerning Municipal Corporations", approved March 6, 1905, and
the provisions of all acts amendatory thereto and supplemen ta 1 thereof .
Assessments will become due and payable on acceptance of the completed project
by the City of Fort Wayne. Under no circumstances shall the City of Fort Wayne
be or be held respons ib le for any sum or sums due from said property owner or
owners for said work or for the collection of the same, or for the payment of any
bond, bonds, certificate or certificates, issued to said contractor in payment
for such work, except for such monies as said city is by same above entitled act
required to pay. All proceedings had and work done in the making of said improve-
ments, assessment of property, collection of assessments, shall be as provided
for in said above entitled act and all amendments thereto and supplements thereof.
The cost of said Improvement shall be paid 75% property owners and 25% City of
Fort Wayne, Indiana, including construction engineering and inspection, based on
final construction cost.
19 (j^^ ■
ATTEST, %,t>^Lyl^^\hf/^^,^(^^
Secretary and Clerk
I
47
T
I
Lafayette Center Road - Aboite Road
Construction Reaolution 424-1986
RESOLVBD by the Board of Public Works & Safety of the City of Fort Wayne,
Indiana, that:
Gravity Sewer
Beginning at a proposed sanitary sewer Interceptor located 800±
LF West of and 60± LF South of the centerline Intersection of
Interstate 69 (1-69) with Lafayette Center Road; thence due South
237± LF to a proposed manhole located South of the right-of-way
line of Lafayette Center Road; thence Westerly, 4700± LF terminating
at a proposed manhole.
Said Sewer shall be 12" in diameter.
Force Main and Pump Station
Beginning at the aforementioned termination point of the gravity
portion; thence Westerly 2600± LF to the intersection of said
Lafayette Center Road and Aboite Road; thence Northerly along the
East right-of-way line of Aboite Road 1600± LF to the intersection
of Lower Huntington Road; thence Northeasterly 400± LF terminating
at a proposed pump station located 400± LF Northeasterly from the
centerline of Aboite Road and 40± LF North of the centerline of
Lower Huntington Road.
Said sewer shall be 10" in diameter.
And, said sewers with all appurtenances shall be constructed in accordance
with the plans, profiles, specifications now on file in the Department of
the Board of Public Works & Safety of said City.
The property holders share of said improvement shall be apportioned against
and paid by the said property holders benefited by said improvement, all
according to the method and manner provided for in the Acts of the General
Assembly of the State of Indiana and the provisions of all acts amendatory
thereto and supplemental thereof.
The cost of said sewer improvement shall be paid for from funds provided for
in a grant from the Indiana Department of Commerce and private investors. Prior
to construction, all monies shall be placed in escrow under the jurisdiction
of the City of Fort Wayne.
ADOPTED THIS 13thday of August 1986.
By.
Lawrence D. Consalvos, Director
Helen Gochenour, Clerk
BBSOLUTIONS OF THE BOARD OF PUBLIC WORKS & SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, Helen V. Gochenour, and states that she is
the duly sworn, acting and appointed Clerk of the Board of
Public Works and Safety and that in said capacity, she is the
keeper of all records, minutes and journals of said Board and
that the following are true and correct copies of resolutions
passed by said Board, at a meeting held on the 6th day of
August, 1986, to-wit:
WHEREAS, the Board has received a proposal from
Parkview Memorial Hospital, Inc. (the "Hospital"), under which
the Hospital desires to make certain improvements and to
beautify the area between its main hospital campus and its
health center, such improvements to be made at the Hospital's
sole expense, along and on Hobson Street and Forest Avenue;
WHEREAS , such improvements would be in the best '
interest of the community located around the Hospital; and
WHEREAS, the Hospital would indemnify and hold
harmless the City, from and against any liability associated
with the construction of the improvements and the Hospital's use
of the improved area.
- 2 -
BE IT RESOLVED, that the proposed Agreement,
by and between Parkview Memorial Hospital,
Inc. and the City of Fort Wayne, Indiana, by
and through its Board of Public Works and
Safety, which is attached hereto and made a
part hereof, is hereby approved in all respects;
and
BE IT FURTHER RESOLVED, that the Board members
are hereby empowered and authorized to execute
such Agreement, on behalf of the City.
IT WITNESS WHEREOF, these Resolutions have been passed
6th day of August, 1986.
BOARD OF PUBLIC WORKS & SAFETY
Of Public Safety
7( • 9 '/ Si
AGREEMENT
AGREEMENT made and entered into this [c day of
1986, by and between PARKVIEW MEMORIAL HOSPITAL, INC., an Indiana
not-for-profit corporation operating a hospital in the City of
Fort Wayne located at 2200 Randalia Drive, Fort Wayne, Indiana
46805 (the "Hospital") and the CITY OF FORT WAYNE, by and through
its Board of Public Works and Safety, City-County Building, One
Main Street, Fort Wayne, Indiana, (the "City of Fort Wayne"),
WITNESSETH:
RECITATIONS
A. The Hospital has acquired and proposes to develop as a
conditioning and rehabilitation center (the "Health Center")
certain real estate located at what is commonly called 3000 East
State Boulevard, south of East State Street and west of Hobson
Street in the City of Fort Wayne.
B. The Health Center is presently accessible to the main
campus of the Hospital only by the use of East State Boulevard,
which is at times a busy and dangerous thoroughfare, travel upon
which by patients, patrons and guests of the Hospital will
increase traffic and subject patients, patron and employees of
the Hospital to unnecessary dangers in order to travel between
the Health Center and the main Hospital campus.
C. To reduce the need for travel on East State Boulevard
by patrons, patients and employees of the Hospital, to provide
i-i
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0)
tn
li-
en
rt-
PJ
ri-
(D
Exhibit "A
49
safe and ready access to the Health Center from the main Hospital
campus, and to generally improve and beautify the area between
the Health Center and the main Hospital campus, the Hospital pro-
poses to make, at its own expense, certain improvements on Hobson
Street and Forest Avenue, publicly dedicated streets which have
not been improved, running south on Hobson Street to Forest
Avenue and west on Forest Avenue to the main Hospital campus,
which improvements are more particularly described on Exhibit "A"
which is attached hereto and made a part hereof (the "Improve-
ments" ) .
D. To induce the City of Fort Wayne to permit the
Hospital to make the Improvements, the Hospital desires to indem-
nify and hold the City of Fort Wayne harmless of and from any
liability or responsibility that may arise out of or be involved
with the Hospital making the Improvements or using the streets.
NOW, THEREFORE, in consideration of the consent of the City
of Fort Wayne to permit the Hospital to make the Improvements
described on Exhibit "A" and to use Hobson Street south to Forest
Avenue and Forest Avenue from Hobson Street west to the main
Hospital campus, the Hospital and the City hereby agree as
follows :
(1) The Hospital hereby agrees to and shall indemnify and
hold harmless the City of Fort Wayne, its officers, employees,
attorneys, representatives and agents, from all loss, expense,
damage, costs and attorney fees that they, or any of them, may at
01
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w
rt
Exhibit "A"
any time have from the date hereof by reason of any actions or
suits brought against the City of Fort Wayne, or against its
agents or officers, arising out of or in any way connected with
the Hospital making the Improvements or using Hobson Street south
to Forest ftvenue and west on Forest Avenue to the main campus of
the Hospital by any patrons, patients, or employees of the Hospi-
tal .
(2) The City of Fort Wayne hereby consents to the installa-
tion of the Improvements by the Hospital as outlined on Exhibit
"A" and the use of Hobson Street south to Forest Avenue and west
on Forest Avenue to the main Hospital campus by the Hospital, its
patients, patrons and employees.
(3) Nothing herein shall be construed to grant unto the
Hospital any rights or ownership interest in City property.
Rather, the rights of the Hospital are as provided for herein.
All improvements made by the Hospital upon City property shall
become City property and neither the construction nor the use by
the Hospital, its patrons, patients and employees, shall inter-
fere with the installation, maintenance, use and/or expansion of
any utilities. Furthermore, all those streets referenced on the
attached Exhibit "A" shall remain and be public streets. In the
event that it is necessary for the City or any utility company to
have access to any utilities, such access shall be unencumbered
and neither the City nor a utility shall have the duty to replace
Exhibit "A
or repair any prope
utilities .
rty with respect to acces
s to any of said
IN WITNESS WHEREOF, the par
hands and seal this 6th day of August, 1986
ties have hereunto set their
PARKVIEW MEMORIAL HOSPITAL, INC.
"The Hospital'
CITY OF FORT WAYNE
By and Throughlts Boa);d of
Publi/ Works (fn^ Saf e/iy
^of Public Safety
"The City of Fort Wayne"
4
Exhibit "A"
CONSTRUCTION '^SoYaTION FOR DRAINAGE REPAIR
"Plerson Ditch-Lagoon Levee
Resolution 423-1986
"'^^ I t is .e.e. nece... to ..e i.e.i.e .e.i. to . e.i.in.
::::oteotin. t. loo.te. .ithin the So.t.e. ..te. o. Section
.aa^s Township, ™o.e particularly aescrihea as follows:
.he repair o^ a 300' wash<.t o^ ^^e^isting ^^^^^^J^^
The East side of the Pierson Dra.n /-^/^ ^^^^^^ approximately 1750±
^rroit:^rth^en?ter\°::tion°:. R^eta Roaa ana La.e Avenue.
■ Saia repairs will ^onsi. ^oi <.^etely -
Jobsite all vegetat.on/plant Irfe^^to^^P^ ^^^^^^^^^ ^^^^^ ^„
:Lrers\r::ith°a p:::ible ovenay o^ revetment rrp rap.
=,hall be repaired and constructed
said repairs with all its appurtenances shall
accordance with the plans, profiles and specifications now on
, ■ • „f fhp Citv of Fort Wayne.
,,,3 ,„,ect shall be funded by City UtrUtres of
ADOPTED
this 6th day of August 1986.
"^'d. Consalvos, Director
ATTEST:
Helen Gochenour, Clerk
51
76- ?3-^/
HOWARO NEEDLES TAMMEN & BERCBEMDOFF^ , , ..
July 29, 1986
Mr. David Keister and Members,
Board of Public Works and Safety
City of Fort Wayne
One Main Street
Fort Wayne, Indiana 46802
Re: General Architectural, Engineerinj
and Planning Services
Dear Mr. Keister and Board Members:
The General Architectural, Engineering, Planning Services Agreement between
the City of Fort Wayne Board of Public Works and Safety and HNTB dated
October 16, 1984 needs to be updated to facilitate providing necessary
engineering and certain other technical services. Therefore, we are
pleased to submit the following proposal for consideration and acceptance.
We offer to perform certain engineering and other technical services on an
as-needed basis for a defined scope of tasks as may be authorized in
writing by the City of Fort Wayne Board of Public Works or its designated
representative.
SCHEDULE OF FEES
Payroll Cost Times a Multiplier
Our charges for performing miscellaneous and incidental engineering
services will be based upon payroll costs times a multiplier of 2.15 plus
expenses. Payroll costs is defined as direct salary cost plus indirect
salary related costs (FICA, lES, and FUC taxes; Workmen's Compensation
Insurance; health and accident group insurance; holidays; vacations; and
miscellaneous employee expenses). Billing periods shall be once each four
weeks to coincide with the firm's payroll cycle and shall be payable upon
receipt. Expenses shall be invoiced in accordance with the schedule of
charges in effect at the time. Our current schedule of charges is
attached.
Archllecls Engine«rs Planners
P.O. Qoi 68567. 3333 Fourdere Lane. Inillanapolls, Indiana M268, 317 872-3160
»e»».CE, ...vo.,.,. o„.„.o.a. 0»,a.dPa.,^S%IC:r p":an^rr;C "'
Mr. David Kelster and Members,
Board of Public Works
Page 2
July 29, 1986
Other Types of Compensation
When the proposed individual improvements are of such scope as to be of the
project category (relating to bid construction), the fee for complete
engineering services, including preliminary studies, preparation of bidding
documents, proposal forms, construction contract documents, assisting in
receiving bids, and furnishing services during the construction phase shall
be negotiated prior to initiation of service.
This agreement shall be in effect from the date of acceptance and may be
terminated at any time by either party upon ten (10) days written notice.
If you find the terms of this agreement acceptable, please sign, date, and
return two copies for our files. '
Very truly yours,
HOWARD NEEDLES TAMMEN 6. BERGENDOFF
Stephen G. Goddard, P.E.
Associate
SGG/RHK/lg
Attachment
CITY OF FORT WAYNE, INDIANA
Automobile travel by personal or company leased vehicles Is chargeable
at 21 cents per mile. Use of rail, bus, air or similar forms of
public transportation or automobile rental will be billed at cost.
Charges shall be made for such direct expenses as blueprinting costs
the cost of materials required to complete field investigations or
surveys, or other special materials or equipment whose use- will be
limited to the specific Job at hand. These charges will be billed at
Invoice cost.
Subsistence is chargeable in the event an employee is required bv
nature or location of the work to be out of his assigned office
overnight. These charges shall be billed at direct cost.
Services of professional specialists who work independently of Howard
Needles Tammen 4 Bergendoff shall be billed at our cost. Examples of
speclauVd fl.'li" T ^°']' analyses, and other
specialized fields of service performed by others using their own
or subc„n%'",r , "°I °" direction. Services of subcontract"^
or subconsultants who work at the direction of HNTB shall be billed at
our cost plus ten percent. u-u-j-ea at
fonols': "P"^^^^ """i^^ equipment as
(a) Field Survey Van and Sewer
Inspection Vehicle (including
Inspection and safety equipment)
(b) Head Recorders
(c) Integrated Flow Recorders
35 cents per mile or $25.00
per day, whichever Is greater
$25.00 per week for the first
four (4) weeks of continuous
Installation.
$15.00 per week for the next
four (4) weeks of continuous
Installation.
$10.00 per week for contin-
uous installation thereafter
(1-7 days constitute one
week).
$40.00 per week for the first
four (4) weeks of continuous
installation.
$25.00 per week for the next
four (4) weeks of continuous
Installation.
$15.00 per week for continu-
ous Installation thereafter
(1-7 days constitute one
week)
HNTB
December 31, 1985
SCHEDULE OF CHARGES FOR EXPENSES (Cont'd)
(d) Continuous Samplers $40.00 per week for the first
four (4) weeks of continuous
Installation.
S25.00 per week for the next
four (4) weeks of continuous
Installation .
$15.00 per week for continu-
ous Installation thereafter
(1-7 days constitute one
week)
(e) Automatic Traffic Counters
(f) Computer Aided Drafting/Design
(CADD)
(g) Other Equipment
SIO.OO per day.
$30.00 per connect-hour
(usage of less than one hour
is charged pro-rata)
To be quoted on a per job
basis .
6. All service performed on an hourly or cost plus basis shall be billed
as work progresses. Billing periods shall be once each four weeks to
coincide with firm's payroll cycle.
The above schedule of charges is subject to changes which result from var-
iations in supplier costs and market conditions.
HOUARD NEEDLES TAMMEN- 4 BERGENDOFF
ARCHITECTS ENGINEERS PLANNERS
Indianapolis, Indiana
December 31, 1985
AGREEMENT
BETWEEN
CITY OF FORT WAYNE, INDIANA
AND
McNAMEE, PORTER AND SEELEY OF ANN ARBOR, MICHIGAN
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of this L ^ day of /X:^i...^,ryyi^<^^^t:^ , 1986
between City of Fort Wayne, Indiana (OWNER) and McNamee, Porter and Seeley, a registered
co-partnership (ENGINEER).
OWNER intends to implement several recommendations presented in the April 1986 Three
Rivers Water Filtration Plant Optimization Study as specifically described below:
1. Improvements and/or replacement of the existing seven high service pumps, No. 1 thru
7, inclusive.
2. Replacement of existing electrical starters and controls for the high service pumps, No.
1 thru 7, inclusive.
3. Provide automatic controls for the high service pumps to the degree of automation
selected by the OWNER after evaluation by the ENGINEER. The intent is that new
electrical gear will be controllable by an automated digital processor under the initial
construction contract or at some future date. OWNER shall direct ENGINEER as to
extent of automation desired under this contract.
4. Replacement £ind disposal of the two existing PCB contaminated transformers at the
water plant.
(hereinafter called the Project).
OWNER £md ENGINEER in consideration of their mutual covenants herein agree in respect of
the performance of professional engineering services by ENGINEER and the payment for
those services by OWNER as set forth below.
ENGINEER shall provide professional engineering services for OWNER in all phases of the
Project to which this Agreement applies, shall serve as OWNER'S professional engineering
representative for the Project as set forth below and shall give professional consultation and
advice to OWNER during the performance of services hereunder.
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 General
1.1.1 ENGINEER shall perform professional services as hereinafter stated which
include customary civil, structural, mechanical and electrical engineering
services, architectural services, and other services incidental thereto.
Page 1
Preliminary Design Phase
When executing this Contract, OWNER authorizes ENGINEER to proceed and
ENGINEER shall proceed with preliminary design phase.
1.2.1 In consultation with the OWNER, the ENGINEER shall evaluate alternate
improvement and/or replacement methods for the seven existing high service
pumps. The recommendations in the April 1986 Optimization Study will serve
as the starting point. The degree of automation for high service pump
control will be discussed with the OWNER. The extent of the Project will be
determined by the above process and upon OWNER'S authorization, the
ENGINEER shaU proceed within the defined scope of work.
1.2.2 Prepare preliminary design documents consisting of final design criteria,
preliminary drawings and outline specifications.
1.2.3 Based on the information contained in the preliminary design documents,
submit a revised opinion of probable Project Costs.
1.2.4 Furnish five copies of the above preliminary design documents and present
and review them in person with OWNER.
Final Design Phase
Upon approval of Preliminary Design Phase, to proceed with the Final Design Phase,
ENGINEER shaU:
1.3.1 On the basis of the accepted preliminary design documents and the revised
opinion of probable Project Cost, prepare for incorporation in the Contract
Documents, final drawings to show the character and extent of the Project
(hereinafter called "Drawings") and Specifications. The Project will be
divided into two separate contracts as listed below:
1. Furnish high service pumping units.
2. Furnish and Install revisions to piping, valves, electrical equipment
and controls. Install pumping units provided by OWNER.
1.3.2 Furnish to OWNER such documents and design data as may be required for,
and assist in the preparation of, the required documents so that OWNER may
apply for approvals of such governmental authorities as have jurisdiction over
design criteria applicable to the Project, and assist in obtaining such
approvals by participating in submissions to and negotiations with appropriate
authorities.
1.3.3 Advise OWNER of any adjustments to the latest opinion of probable Project
Cost caused by changes in extent or design requirements of the Project or
Construction Costs and furnish a revised opinion of probable Project Cost
based on the Drawings and Specifications.
1.3.4 Prepare for review and approval by OWNER, his legal counsel and other
advisors contract agreement forms, general conditions and supplementary
conditions, bid forms, invitations to bid and instructions to bidders, and assist
in the preparation of other related documents.
Page 2
1.3.5 Furnish five copies of the above documents and present and review them in
person with OWNER.
Bidding or Negotiating Phase
Upon authorization of OWNER to advertise for bids, ENGINEER shall:
1.4.1 Place advertisement for bids at OWNER'S expense in a contractors' magazine
and such other publications as OWNER requests.
1.4.2 Assist OWNER in obtaining bids for each separate prime contract for
construction, materials, equipment and services.
1.4.3 Consult with and advise OWNER as to the acceptability of subcontractors,
suppliers and other persons and organizations proposed by the prime contrac-
tor(s) (hereinafter called "Contractor(s)") for those portions of the work as to
which such acceptability is required by the bidding documents.
1.4.4 Consult with and advise OWNER as to the acceptability of substitute
materials and equipment proposed by Contractor(s) when substitution prior to
the award of contracts is allowed by the bidding documents.
1.4.5 Assist OWNER in evaluating bids or proposals and in awarding contracts.
Construction Phase
Upon award of Construction Contracts by OWNER, ENGINEER shall:
1.5.1 Assemble Contracts, submit to Contractor for signature, review signed
Contracts as to their execution and transmit to OWNER for signature.
1.5.2 Consult with and advise OWNER and act as his representative as provided in
the General Conditions of the Construction Contract. The extent and
limitations of the duties, responsibilities and authority of ENGINEER as
assigned in said General Conditions shaU not be modified, except as OWNER
and ENGINEER may otherwise agree in writing. All of OWNER'S instructions
to Contractor(s) will be issued through ENGINEER, who will have authority to
act on behalf of OWNER to the extent provided in said General Conditions
except as otherwise provided in writing.
1.5.3 A Partner or designated representative shall make visits to the site at
intervals appropriate to the various stages of construction to observe as an
experienced and qualified design professional the progress and quality of the
executed work of Contractor(s), to meet with the Project Representative and
to determine in general if such work is proceeding in accordance with the
Contract Documents. ENGINEER shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by
Contractor(s) or the safety precautions and programs incident to the work of
Contractor(s). ENGINEER'S efforts will be directed toward providing a
greater degree of confidence for OWNER that the completed work of
Contractor(s) will conform to the Contract Documents. During such visits
and on the basis of on-site observations, ENGINEER shaU keep OWNER
Page 3
I
informed of the progress of the work, shall endeavor to guard OWNER against
defects and deficiencies in such work and may disapprove or reject work
failing to conform to the Contract Documents.
1.5.4 Review and approve or take other appropriate action in respect to Shop
Drawings, as that term is defined in the Construction Contract, and samples,
the results of tests and inspections and other data which each Contractor is
required to submit, but only for conformance with the design concept of the
Project and compliance with the information given in the Contract Docu-
ments. Such review and approval or other action shall not extend to means,
methods, sequences, techniques or procedures of construction or to safety
precautions and programs incident thereto. ENGINEER shall determine the
acceptability of substitute materials and review for general content as
required by the Specifications, maintenance and operating instructions,
schedules, guarantees, bonds and certificates of inspection which are to be
assembled by Contractor(s) in accordance with the Contract Documents.
1.5.5 Issue all instructions of OWNER to Contraotor(s); issue necessary interpreta-
tions and clarifications of the Contract Documents and in connection
therewith prepare change orders as required; have authority, as OWNER'S
representative, to require special inspection or testing of the work; act as
initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder and make decisions on all claims
of OWNER and Contractor(s) relating to the acceptability of the work or the
interpretation of the requirements of the Contract Documents pertaining to
the execution and progress of the work.
1.5.6 Based on ENGINEER'S on-site observations as an experienced and qualified
design professional and on review of applications for payment and the
accompanying data and schedules, determine the amounts owing to Contrac-
tor(s) and recommend in writing payments to Contractor(s) in such amounts;
such recommendations of payment wiU constitute a representation to
OWNER, based on such observations and review, that the work has progressed
to the point indicated, that, to the best of ENGINEER'S knowledge, informa-
tion and belief, the quality of such work is in accordance with the Contract
Documents (subject to an evaluation of such work as functioning Project upon
Substantial Completion, to the results of any subsequent tests called for in
the Contract Documents, and to any qualifications stated in his recommen-
dation), and that payment of the amount recommended is due Contractor(s).
1.5.7 Conduct an inspection to determine if the Project is substantially complete
and a final inspection to determine if the work has been completed in
accordance with the Contract Documents and if each Contractor has fulfilled
all of his obligations thereunder so that ENGINEER may recommend, in
writing, final payment to each Contractor and may give written notice to
OWNER and the Contractor(s) that the work is acceptable (subject to any
conditions therein expressed).
1.5.8 Preparing for OWNER, on request, a set of reproducible record prints of
Drawings showing those changes made during the construction process, based
on the marked-up prints, drawings, tracings and other data furnished by
Contractor(s) and the Resident Project Representative to ENGINEER and
which ENGINEER considers significant.
Page 4
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1 General
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others
Additional Services of the following types which are not considered normal or
customary Basic Services except to the extent provided otherwise in Exhibit A; these
will be paid for by OWNER as indicated in Section 5.
2.1.1 Preparation of applications and supporting documents for governmental
grants, loans or advances in connection with the Project; preparation or
review of environmental assessments and impact statements; review and
evaluation of the effect on the design requirements of the Project of any
such statements and documents prepared by others; and assistance in
obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
2.1.2 Services to make measured drawings of or to investigate existing conditions
or facilities, or to verify the accuracy of drawings or other information
furnished by OWNER.
2.1.3 Services resulting from significant changes in extent of the Project or its
design including, but not limited to, changes in size, complexity, OWNER'S
schedule, or character of construction or method of financing; and revising
previously accepted studies, reports, design documents or Contract Docu-
ments when such revisions are due to causes beyond ENGINEER'S control.
2.1.4 Providing renderings or models for OWNER'S use.
2.1.5 Preparing documents for alternate bids requested by OWNER for Contrac-
tor(s)' work which is not executed or documents for out-of-sequence work.
2.1.6 Investigations involving detailed specification of operations, maintenance and
overhead expenses; providing Value Engineering services, or services in
connection with value engineering during the course of design; the prepara-
tion of feasibility studies, cash flow and economic evaluations, rate schedules
and appraisals; assistance in obtaining financing for the Project; evaluating
processes available for licensing and assisting OWNER in obtaining process
licensing; detailed quantity surveys of material, equipment and labor; and
audits or inventories required in connection with construction performed by
OWNER.
2.1.7 Furnishing or obtaining the services of special consultants or other Contrac-
tors for other than the normal civil, structural, architectural, mechanical and
electrical engineering, such as for interior design, furniture, furnishings,
hydrogeological investigations, soils or core borings, subsurface explorations,
construction materials or soils evaluation studies, property boundary or
easement surveys and descriptions, engineering staking of construction,
laboratory testing, communications, acoustics, and landscaping; and providing
data or services of the types designated in paragraph 3.3 when OWNER
authorizes ENGINEER to provide such data or services in lieu of furnishing
the same in accordance with paragraph 3.3.
Page 5
2.1.8 Services resulting from the award of more separate prime contracts for
construction, materials, equipment or services for the Project than are
contemplated by paragraph S. 1.1.1, and services resulting from the arranging
for performance by persons other than the principal prime contractors of
services for the OWNER and administering OWNER'S contracts for such
services.
2.1.9 Services in connection with change orders to reflect changes requested by
OWNER if the resulting change in compensation for Basic Services is not
commensurate with the additional services rendered, services after the award
of each contract in evaluating substitutions proposed by Contractor(s), and in
making revisions to Drawings and Specifications occasioned thereby, and
services resulting from significant delays, changes or price increases occur-
ring as a direct or indirect result of material, equipment or energy shortages.
2.1.10 Services during out-of-town travel required by ENGINEER other than visits
to the site as required by Section 1.
2.1.11 Additional or extended services during construction made necessary by (1)
work damaged by fire or other cause during construction, (2) a significant
amount of defective or neglected work of Contractor(s), (3) prolongation of
the contract time of any prime contract by more than sixty days, (4)
acceleration of the progress schedule involving services beyond normal work-
ing hours, and (5) default by Contractor(s).
2.1.12 Preparation of operating and maintenance manuals; protracted or extensive
assistance in the utilization of any equipment or system (such as initial
startup, testing, adjusting and balancing); and training personnel for operation
and maintenance.
2.1.13 Services after completion of the Construction Phase, such as inspections
during any guarantee period and reporting observed discrepancies under
guarantees called for in any contract for the Project.
2.1.14 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration, public hearing or other legal or administrative pro-
ceeding involving the Project, unless litigation resulted from the failure of
performance of ENGINEER.
2.1.15 Additional services requested by OWNER in connection with the Project,
including services normally furnished by OWNER and services not otherwise
provided for in this Agreement, unless necessitated by the failure of the
ENGINEER to include items reasonably within the basic scope of the
contract.
Resident Service During Construction
2.2.1 If requested by OWNER in writing, a Resident Project Representative will be
furnished and will act as directed by ENGINEER in order to assist ENGINEER
in observing performance of the work of Contraotor(s), and such other
personnel not resident as required, to supervise resident engineer, to place
facilities into operation or to supplement OWNER'S Resident Project Repre-
sentative. Such services will be paid for by OWNER as indicated in paragraph
5.1.2.4.
Page 6
2.2.2 The duties and responsibilities and the limitations on the authority of the
Resident Project Representative and assistance will be set forth in Exhibit A
attached to and made a part of this Agreement.
2.2.3 If OWNER designates another person to represent OWNER at the Project site
who is not ENGINEER'S agent or employee, the duties, responsibilities and
limitations of authority of such other person and the effect thereof on the
duties and responsibilities of ENGINEER under this Agreement will be as set
forth in Exhibit A.
2.2.4 A Partner and/or other designated representatives shall attend and conduct
monthly progress meetings on the site with the OWNER, Contractor, Sub-
contractors and other involved parties. The purpose of these meetings is to
verify progress and quality of the executed work, to access project schedule
compliance, resolve possible conflicts relative to contract documents and/or
construction quality and to handle other project related concerns of involved
parties.
2.2.5 The resident project representative will be provided upon his request, specific
technical backup to inspect on site progress. This technical backup may also
provide instruction and clarification to the OWNER relative to specific
functions of the project.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shaU:
3.1 Provide aU criteria and full information as to OWNER'S requirements for the Project,
including design objectives and constraints, space, capacity and performance require-
ments, flexibility and expandability, and any budgetary limitations; and furnish copies
of all design and construction standards which OWNER will require to be included in
the Drawings and Specifications.
3.2 Assist ENGINEER by placing at his disposal all available information pertinent to the
Project including previous reports and any other data relative to design or construction
of the Project.
3.3 Furnish to ENGINEER, as required for performance of ENGINEER'S Basic Services
unless requested of ENGINEER in writing under Section 2, data prepared by or services
of others, aU of which ENGINEER may rely upon in performing his services.
3.4 Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform his services.
3.5 Examine all studies, reports, sketches. Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other consultants as OWNER deems appropriate for such examination and render
in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
Page 7
3.6 Furnish approvals and permits for all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
3.7 Provide such accounting, independent cost estimating and insurance counseling ser-
vices as may be required for the Project, such legal services as OWNER may require or
ENGINEER may reasonably request with regard to legal issues pertaining to the
Project.
3.8 Designate in writing a person to act as OWNER'S representative with respect to the
services to be rendered under this Agreement. Such person shall have complete
authority to transmit instructions, receive information, interpret and define OWNER'S
policies and decisions with respect to materials, equipment, elements and systems
pertinent to ENGINEER'S services.
3.9 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of ENGINEER'S
services, or any defect in the work of Contraetor(s).
3.10 Furnish, or direct ENGINEER to provide, necessary Additional Services as stipulated in
Section 2 of this Agreement or other services as required.
SECTION 4 - PERIOD OF SERVICE
4.1 The provisions of this Section 4 and the various rates of compensation for ENGINEER'S
services provided for elsewhere in this Agreement have been agreed to in anticipation
of the orderly and continuous progress of the Project through completion of the
Construction Phase. ENGINEER'S obligation to render services hereunder will extend
for a period which may reasonably be required for the design, award of contracts and
construction of the Project including extra work and required extensions thereto.
4.2 ENGINEER'S services under the Preliminary Design Phase and Final Design Phase shall
each be considered complete at the earlier of (1) the date when the submissions for
that phase have been accepted by OWNER or (2) thirty days after the date when such
submissions are delivered to OWNER for final acceptance, and submitted for approval
of governmental authorities having jurisdiction over design criteria applicable to the
Project.
4.3 The Construction Phase will commence with the execution of the first prime contract
to be executed for the work of the Project or any part thereof, and will terminate
upon written approval by ENGINEER of final payment on the last prime contract to be
completed.
4.4 If OWNER has requested significant modifications or changes in the extent of the
Project, the time of performance of ENGINEER'S services and his various rates of
compensation shall be adjusted appropriately.
4.5 If ENGINEER'S services for design or during construction of the Project are delayed or
suspended in whole or in part by OWNER for more than three months for reasons
beyond ENGINEER'S control, ENGINEER shall be due payment by OWNER, (but
without termination of this Agreement) as provided in paragraph 5.3.2.
Page 8
4.6 Proposed Schedule: The proposed project schedule is set forth in Exhibit B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of ENGINEER.
5.1.1 For Basic Services. OWNER shall pay ENGINEER for Basic Service rendered
under Section 1 as follows:
5.1.1.1 Several Prin" '^ontro'-fs. " T^.ore than one but less than 4 separate
prime contracts are awarded for construction, materials, equipment
and services for the Project, an amount based on ENGINEER'S salary
cost multiplied by 1.88 to cover overhead and profit, plus reimburs-
able expenses with a maximum fee for Basic Services of $90,000.
5.1.2 For Additional Services. OWNER shall pay ENGINEER for Additional Services
rendered under Section 2 as follows:
5.1.2.1 General. For Additional Services rendered by principals and em-
ployees assigned to the Project under paragraphs 2.1.1 through
2.1.15, inclusive (except service covered by paragraph 2.1.7 and
services as a consultant or witness under paragraph 2.1.14), on the
basis of salary cost multiplied by 1.88 to cover overhead and profit,
plus reimbursable expenses.
5.1.2.2 Special Consultants. For services and reimbursable expenses of
special consultants employed by ENGINEER, the amount billed to
ENGINEER therefor times a factor of 1.15.
5.1.2.3 Serving as a Witness. For the service rendered by principals and
employees as consultants or witnesses in any litigation, hearing or
proceeding in accordance with paragraph 2.1.14, at the rate of
$100/hour portal to portal plus expenses (but compensation for time
spent in preparing to appear in any such litigation, hearing or
proceeding will be on the basis provided in paragraph 5.1.2.1).
5.1.2.4 Resident Project Services. For resident services during construction
furnished under paragraph 2.2, on the basis of Payroll Costs times a
factor of 1.88 for services rendered by principals and employees
assigned to this project in connection with resident Project repre-
sentation, plus reimbursable expenses including the relocation costs
of the Resident Project Representative.
5.1.3 For Reimbursable Expenses. In addition to payments provided for in para-
graph 5.1.2, OWNER shall pay ENGINEER the actual costs of aU Reimbur-
sable Expenses incurred in connection with aU Additional Services.
5.1.4 As used in this paragraph 5.1, the term "Reimbursable Expenses" will have
the meaning assigned to it in paragraph 5.4.
Page 9
Times of Payments
5 2 1 ENGINEER shaU submit monthly statements for Basic and Additional Ser-
vices rendered and for reimbursable Expenses incurred. The statements will
be based upon ENGINEER'S total services aetuaUy completed at the time of
bilUng. OWNER shaU make prompt monthly payments in response to
ENGINEER'S monthly statements.
Other Provisions Concerning Payments
5 3 1 If OWNER fails to make any payment due ENGINEER for services and
exoenses within sixty days of the date of ENGINEER'S invoice therefor, the
Snts due ENGINEER ShaU include a charge at the rate of 3/4% per month
from said sixtieth day.
5 3 2 In the event of termination by OWNER under paragraph 7.1 upon the
completion of any phase of the Basic Services, progress payments due
ENGINEER for services rendered through such phase shaU ponstitute total
payment for such services. In the event of such termination by OWNER
during any phase of the Basic Services, ENGINEER will be paid for services
rendered d^ing that phase on the same basis described under paragraph
5 1.2.1 for services rendered during that phase to date of termination by
principals and employees assigned to the Project. In the event of any such
termination, ENGINEER will be paid for all unpaid Additional Services and
unpaid Reimbursable Expenses, plus aU termination expenses.
Definitions
5 4 1 Salary cost is defined as the individual's annual base salary, divided by 2080
hours, plus a percentage thereof to cover budgeted fringe benefits. The
budgeted fringe benefit package is established on July first of each year, and
is subject to adjustment for changes in the law and in the nature and
anticipated cost of the fringe benefits.
Budgeted fringe benefits for permanent employees consist of the estimated
costs for PICA, unemployment insurance, worker's compensation, group lite
and accident insurance, hospital and medical insurance, salary continuance
insurance, vacation and holidays, sick leave, excused time, and pension plan.
5 4 2 Reimbursable Expenses means the actual expenses incurred directly or in-
directly in connection with the Project for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); furnishing
and maintaining field office facilities; subsistence and transportation of
Resident Project Representatives and their assistants; toll telephone calls
and telegrams; reproduction of reports, Drawings, Specifications, and similar
Project-related items in addition to those required under Section 1; and, it
authorized in advance by OWNER, overtime work requiring higher-than-
regular rates.
Page 10
SECTION 6 - OPINIONS OF COST
6.1 Opinions of Cost
6.1.1 Since ENGINEER has no control over the cost of labor, materials, equipment
or services furnished by others, or over the Contraotor(s)' methods of
determining prices, or over competitive bidding or market conditions, his
opinions of probable Project Cost and Construction Cost provided for herein
are to be made on the basis of his experience and qualifications and represent
his best judgment as an experienced and qualified professional engineer,
familiar with the construction industry; but ENGINEER cannot and does not
guarantee that proposals, bids or actual Project or Construction Cost wiU not
vary from opinions of probable cost prepared by him. If prior to the Bidding
or Negotiation Phase OWNER wishes greater assurance as to Project or
Construction Cost, he shall employ an independent cost estimator as provided
in paragraph 3.8.
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Engineer's Warranty
ENGINEER warrants to OWNER that its services to be performed under this Contract
will be performed in accordance with all applicable standards of professional responsi-
bility, and that the completed project will not fail to properly perform as the result of
errors or omissions of the ENGINEER in the performance of its services under this
Contract.
7.2 Termination
The obligation to provide further services under this Agreement may be terminated by
either party upon seven days' written notice in the event of substantial failure by the
other party to perform in accordance with the terms hereof through no fault of the
terminating party.
7.3 Reuse of Documents
All documents including Drawings and Specifications prepared by ENGINEER pursuant
to this Agreement are instruments of service in respect of the Project. They are not
intended or represented to be suitable for reuse by OWNER or others on extension of
the Project or on any other project. Any reuse without written verification or adaption
by ENGINEER for the specific purpose intended will be at OWNER'S sole risk and
without liability or legal exposure to ENGINEER; and OWNER shall indemnify and hold
harmless ENGINEER from aU claims, damages, losses and expenses including attor-
neys' fees arising out of or resulting therefrom. Any such verification or adaption wiU
entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
Page 11
7.4 Sueeessors and Assigns
7.4.1 This Agreement shall be binding on the OWNER and ENGINEER, as well as
their respective successors and assigns.
7.4.2 Neither OWNER nor ENGINEER shall assign or transfer this Agreement
without the written consent of the other, except as stated in paragraph 7.3.1
and except to the extent that the effect of this limitation may be restricted
by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent ENGINEER from employing such independent consul-
tants, associates and subcontractors as he may deem appropriate to assist
him in the performance of services hereunder.
7.4.3 Nothing herein shall be construed to give any rights or benefits hereunder to
anyone other than OWNER and ENGINEER.
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS and SCHEDULES
8.1
This Agreement is subject to the following special provisions and attached exhibits A
and B.
8.2 This Agreement (consisting of pages 1 to 12, inclusive), together with the Exhibits and
schedules identified above, constitutes the entire agreement between OWNER and
ENGINEER and supersedes all prior written or oral understandings. This Agreement
and said Exhibits and schedules may only be amended, supplemented, modified or
cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
WITNESS:
ATTEST:
WITNESS:
CITY OF fort/ way55e3idi/na
By: Board op/^ubli?^^rl^i^/5{ifet/'
BY
BY:
sette "R. Simon \
Director ^of Admintstration and
Finance
Helen V. Gochenour
Clerk
Lawrence D. Consalvos
Director of Public Safety
mcNAmee, porter and SEELEY
V^yX/^^ . i? vj:a4?^ PARTNER; <^,vJv . .4- ■^ll^C.ftdCtlJjl
Page 12
UXUIBIT A
A LISTING OF THE DUTIES, KESPONSIBILrnES AND
UUITATIONS OF AUTHOETTT OF THE
BBSIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field
staff to assist ENGINEER in observing performance of the Work of the Contractor.
Through more extensive on-site observations of the Work in progress and field checks of
materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide
further protection for OWNER against defects and deficiencies in the Work; but, the
furnishing of such services will not make ENGINEER responsible for or give ENGINEER
control over construction means, methods, techniques, sequences or procedures or for safety
precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work
in accordance with the Contract Documents.
The duties and responsibilities of the RPR are Umited to those of ENGINEER in ENGINEER'S
agreement with the OWNER and in the construction Contract Documents, and are further
limited and described as follows:
A. General
RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision
of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings
in matters pertaining to the on-site work shall in general be with ENGINEER and
CONTRACTOR, keeping OWNER advised as necessary. RPR's dealings with subcontrac-
tors shall only be through or with the fuU knowledge and approval of CONTRACTOR.
RPR shall generally communicate with OWNER with the knowledge of emd under the
direction of ENGINEER.
B. Duties and Responsibilities of RPR
1. Schedules
Review the progress schedule, schedule of Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult with ENGINEER concerning accept-
ability.
2. Conferences and Meetings
Attend meetings with CONTRACTOR, such as preconstruction conferences, pro-
gress meetings, job conferences and other project-related meetings, and prepare and
circulate copies of minutes thereof.
3. Liaison
a. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through
CONTRACTOR'S superintendent and assist in understanding the intent of the
Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with
CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site
operations.
A-1
b. Assist in obtaining from OWNER additional details or information, when
required for proper execution of the Work.
Shop Drawings and Samples
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of availability of samples for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring a Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
Review of Work, Rejection of defective Work, Inspections and Tests
a. Conduct on-site observations of the Work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the
Contract Documents.
b. Report to ENGINEER whenever RPR believes that any work is unsatisfactory,
faulty or defective or does not conform to the Contract Documents, or has been
damaged, or does not meet the requirements of any inspection, test or approval
required to be made; and advise ENGINEER of Work that RPR believes should
be corrected or rejected or should be uncovered for observation, or requires
special testing, inspection or approvaL
c. Verify that tests, equipment and systems start-ups and operating and mainte-
nance training are conducted in the presence of appropriate personnel, and that
CONTRACTOR maintains adequate records theoreof; and observe, record and
report to ENGINEER appropriate details relative to the test procedures and
start-ups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report
to ENGINEER.
Interpretation of Contract Documents
Report to ENGINEER when clarifications and interpretations of the Contract
Documents are needed and transmit to CONTRACTOR clarifications and interpre-
tations as issued by ENGINEER.
Modifications.
Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings
or Specifications and report with RPR's recommendations to ENGINEER. Transmit
to CONTRACTOR decisions as issued by ENGINEER.
Records
a. Maintain at the jobsite orderly files for correspondence, reports of job
conferences. Shop Drawings and samples, reproductions of original Contract
Documents including all Work Directive Changes, Addenda, Change Orders,
Field Orders, additional Drawings issued subsequent to the execution of the
Contract, ENGINEER'S clarifications and interpretations of the Contract
Documents, progfress reports, and other Project-related documents. Obtain from
CONTRACTORS and furnish ENGINEER a complete record of aU project
changes and maintain a marked-up set of tracings and drawings of all such
changes for submittal to ENGINEER on request.
b. Keep a diary or log book, recording CONTRACTOR hours on the jobsite,
weather conditions, data relative to questions of Work Directive Changes,
Change Orders or changed conditions, list of jobsite visitors, daily activities,
decisions, observations in general, and specific observations in more detail as in
the case of observing test procedures; and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
9. Reports
a. Furnish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR'S compliance with the progress schedule and schedule of Shop
Drawings and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests, inspections or
start of important phases of the Work.
c. Draft proposed Work Directive Changes, obtaining backup material from
CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive
Changes, and Field Orders.
d. Report immediately to ENGINEER and OWNER upon the occurrence of any
accident.
10. Payment Requests
Review applications for payment with CONTRACTOR for compliance with the
established procedure for their submission and forward with recommendations to
ENGINEER, noting particularly the relationship of the payment requested to the
schedule of values. Work completed and materials and equipment delivered at the
site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals
During the course of the Work, verify that certificates, maintenance and operation
manuals and other data required to be assembled and furnished by CONTRACTOR
are applicable to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to ENGINEER for review and forward-
ing to OWNER prior to final payment for the Work.
12. Completion
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to
CONTRACTOR a list of observed items requiring completion or correction.
b. Conduct final inspection in the company of ENGINEER, OWNER and CON-
TRACTOR and prepare a final list of items to be completed or corrected.
c. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning acceptance.
A-3
Limitations of Authority
Resident Project Representative
1. Shan not authorize any deviation from the Contract Documents or substitution of
materials or equipment, unless authorized by ENGINEER.
ShaU not exceed Umitations of ENGINEER'S authority as set forth in the Contract
Documents.
2.
3.
Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR'S superintendent or perform any of the work of the above.
4 Shall not advise on, issue directions relative to or assume control over any aspect of
Srme^, method^, techniques, sequences or procedures of construction unless such
Svice Ttoections are speciflcaUy required by the Contract Documents.
5 Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other than
Contractor.
7. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in speciaUzed field or laboratory tests or inspections conducted
by others except as specifically authorized by ENGINEER.
A-4
FORT WAYNE. INDIANA
EXHIBIT B
PROPOSED PROJECT SCHEDULE
WEEK
1
2
3
4
6
b
7
8
•
10
11
12
13
14
18
16
17
16
19
20
21
22
23
24
— »- 67
AUTHOniZATION TO PROCEED
PROJECT START yEETINQ
EVALUATE ALTERNATIVE!
OWNER REVIEW
PRELIMINARY DEBION PHASE
OWNER A AQENCV
REVIEW PERIOD
FINAL DESIGN PHASE
OWNER * AQENCY REVIEW
BIDOINO PERIOD
EVALUATION PERIOD S
CONSTRUCTION
CONTRACT AWARDS
CONSTRUCTION PERIOD
IS uos^
■ UEETINQ WITH OWNER
AGREEMENT
lo ^ day of i^U y^u^^J^ . 1986, by
THIS AGREEMENT, made this
and between the City of Fort Wayne, Indiana, acting by and through its Board of
Public Works & Safety, hereinafter referred to as "the City"; and Bonar &
Associates, Inc., consulting engineers, 616 South Harrison Street, Fort Wayne, IN
46802, hereinafter referred to as "the Engineer."
WHEREAS, the City is undertaking the reconstruction of East State Boulevard
from the Bypass east to Lake Forest Drive, consisting of reconstruction of the
street including storm drains, water lines, curbs, gutters, sidewalks, traffic
signals, and other appurtenances costing approximately $5.5 million hereinafter
referred to as "Project"; and
WHEREAS, the Engineer was the designer for said Project, and
WHEREAS, the City is desirous of retaining Engineer to provide professional
services to City during the construction phase of the Project, and
WHEREAS, it is the purpose of this agreement to set forth the terms and
conditions of said employment.
NOW, THEREFORE, the City and Engineer mutually agree as follows:
SECTION 1. - ENGINEER'S SERVICES
City hereby employs Engineer to provide professional services to assist City
during the construction phase of the Project. The services shall vary from
time to time and may include, but not be limited to, interpretation of
design intent, meetings with contractor, city engineering staff. State
Highway representatives. Federal Highway representatives, property owners,
utility companies, assistance in modifying design plans to fit unforeseen
circumstances or changes desired and directed by City and other services
necessary to allow the successful completion of the Project .
SECTION 1_ - CITY'S RESPONSIBILITIES
City shall:
2.1 Provide all criteria and full information as to City's requirements
whenever a request is made to Engineer .
2.2 Furnish to Engineer all existing studies, reports and other available
data relating to the specific request.
1 of 3
2 3 Arrange for access and to make all provisions for Engineer to enter
upon public and private property as required for Engineer to perform
services hereinunder .
SECTION 3 - COMPENSATION
3.1 As full compensation for services performed by the Engineer hereunder,
the City shall pay to Engineer the following as compensation:
3.1.1 The hourly wage for the Engineer's personnel working on
assignments times 3.0 to cover Engineer's overhead. Said multiplier
shall cover all of Engineer's overhead including office expenses,
printing, payroll costs, rent, insurance and travel within the Fort Wayne
area.
3.1.2 For travel costs other than the Fort Wayne area, Engineer shall be
reimbursed at cost plus 10%.
3.1.3 If additional professional services are required and Engineer
needs to hire outside sources for performance of same, then Engineer
shall be reimbursed for the cost of such outside services plus 10%,
provided, however, no such outside services shall be obtained without the
prior approval of City.
3.1.4 Engineer's above charges are based on the prompt payment of bills
rendered and continuous progress of the work on the assignment.
3.1.5 City shall pay Engineer for services rendered within thirty (30)
days after receiving Engineer's bill.
SECTION 4 - MISCELLANEOUS
4.1 The obligation to provide services under this contract may be
terminated by City or Engineer with or without cause upon seven (7) days'
written notice to the other party. In the event of termination. Engineer
will be paid for all services rendered to date of termination and will be
paid other expenses, as herein provided, incurred to date of termination.
4.2 City and Engineer and their respective partners, successors, executors,
administrators, assigns and legal representatives of each are bound by this
agreement to the other party to this agreement, and to the partners,
successors, executors, administrators, assigns and legal representatives of
such other party in all respects of all covenants, agreements and obliga-
tions of this agreement.
4.3 Nothing contained herein shall be construed to give any rights or
benefits hereinunder to anyone other than City or Engineer.
4.4 The relationship of the parties hereto shall be as provided for in this
agreement, and the Engineer shall in no fashion be deemed to be an employee
of the City. In that regard, the Engineer and all of Engineer's personnel,
employees, agents, contractors, consultants, and the like shall not be
employees of the City. Furthermore, the Engineer shall have all responsib-
ility to pay all of its employees, consultants, agents, contractors and the
like including, but not limited to, social security contributions.
2 of 3
unemployment, workers compensation tax, and any other benefits; and the City
shall not be responsible for same, but rather the compensation to be paid
hereunder by City to Engineer shall be the full compensation and moneys
required of the City. Furthermore, the Engineer shall cause all of its bills
to be paid promptly and shall not cause any claims, mechanics' liens, or the
like to be placed against the City or any of its property for any work
performed hereinunder by the Engineer or anyone hired or utilized by the
engineer .
IN WITNESS WHEREOF, the parties hereto have made and executed this agreement
on the day and year first written above.
ENGINEER
BONAR & ASSOCIATES, INC.
Ronald L. Bonar, President
ATTEST:
City ^Attorn^ycTY Anori.Nti
3 of 3
5
Lawrence Drain Storm Sewer - Phases I and II
Construction Resolution 425-1986
RESOLVED by the Board of Public Works & Safety of the City of Fort Wayne,
Indiana, that:
Phase I- Storm Sewer
Beginning at an existing 4'x8' Box Culvert located 25± LF South
of and 25± LF West of the centerllne Intersection of Covington Road
and Belaire Drive; thence Northeasterly 280± LF terminating at a
point located 100± LF North of and 80± LF Northwest of the centerllne
intersection of Covington Road and Jefferson Boulevard (U.S. 24
West) .
Said Storm Sewer shall be 4'x8' box culvert.
Phase II - Ditch Channel
Beginning at the intersection of the Lawrence Drain with Wilkie
Drive, more particularly described as near the intersection of vacated
Sheffield Drive and Wilkie Drive; thence Northerly along the
centerllne of said Wilkie Drive 600± LF; thence Easterly 500± LF;
thence Northeasterly 300± LF to a point approximately 25± LF West
of the Southwest corner of Lot #13 of Westmoor Park Addition; thence
Northerly 1000± LF along and parallel to the West property line
of Lots 13 through 23, inclusive, of said Westmoor Park; thence
Northeasterly on a spiral curve to the right 700± LF to a point
approximately 50± LF West of the Southwest corner of Lot 83 of said
addition; thence Northerly 1500± LF along and parallel to the West
property line of Lots 83 through 100, inclusive, of said Westmoor
Park Addition; thence Northwesterly generally following the existing
drainage ditch 900± LF terminating at an existing storm sewer
structure under Illinois Road (SR #14) 40± LF East of and 100± LF
South of the centerllne intersection of Sutton Avenue and Illinois
Road.
Said Phase II shall consist of ditch cleaning, brushing and fine
grading all to be completed by specifications.
And, said sewers with all appurtenances shall be constructed in accordance
with the plans, profiles, specifications now on file in the Department of
the Board of Public Works & Safety of said City.
The cost of said sewer improvement shall be paid for from City of Fort Wayne
Bond Issue of 1986.
ADOPTED THIS 6th day of August 1986.
Helen Gochenour , Clerk
Ease Cook Road Sanitary Sewer Extension - A.F. Smith Subdivision
Resolution 902-1986 - "Preliminary"
Resolved by the Board of Public Works & Safety of the City of Fort Wayne,
which will hear all Interested persons, Including those whose property Is
or will be affected by the proposed sanitary sewer works on any other matter
pertaining to the said proposed works. Said proposed works only for use by
property holders whose property abuts along the line of said works within
the following described area:
Bounded on the North by the South right-of-way line of East Cook
Road; on the East by the East line of Lot "D" A.F. Smith's
Subdivision; on the South by a line 200± LF South of and parallel
to the South right-of-way line of Cook road; on the West by the
East line of Springwood Addition.
Main Line:
Beginning at a proposed sanitary sewer manhole 30± LF East and
10± LF South of the intersection of the East line of Lot "D" A.F.
Smith's Subdivision and the South right-of-way line of Cook Road;
thence West parallel with Cook Road 817± LF to a sanitary sewer
manhole .
Said Sewers shall be 8" in diameter.
And said sewer with all its appurtenances shall be constructed in accordance
with the plans profiles and specifications now on file In the Department of
the Board of Public Works & Safety of said City. rcment ot
^»\f -T'^ °^ drainage improvement project shall be paid and shared by the
Cuf^rForrwrynfotm";. "^■^""^^ —
The property holders share of said improvement shall be apportioned against
Assessments, if deferrpd arfi t-r, ■r.^iA ■
at the rate set by"the Bo d'^f'^ruc Wor^s" V7LT''''"^''''
be financed by the Barrett T .w i ^ Safety, per annum, and shall
above-entitled acts ^1^0^^^- ? provided for in the
improvement, assessment f pro^rty^^^^eoUectir of"""^' '""^ ''''
of bonds, therefore shall hp ?" / assessments and Issuance
all amendments threUll^up^Wn^^rttereoT. ^" ^^ove- entitled acts and
coUe''c"^r'r:ssTsl::fs%nriss°" -^ST^"^^-^-'^- - = — ^ °f P-Perty,
for in said above-entitled acts Tn'/ a°i/"^H ''^"^''"^ P""<^^^
thereof. ^"'^ amendments thereto and supplemental
The Board reserves the right to confirm, modify or rescind said Resoluiton.
ADOPTED this 6th day of August 1986.
attest\./
left Gochenour, Clerk
V8<
* ' "INDUSTRIAL ROAD-LEY ROAD STORM SEWER IMPROVEMENT PROJECT"
Amended Resolution 413-1985
"Construction"
RESOLVED by the Board of Public Works & Safety of the City of Fort Wayne ,
Indiana, that :
The construction of main sewers, which from their size and character
is not only intended and adapted for use by property holders , whose
property abuts the line of said sewer, but is also intended and
adapted for receiving drainage from collateral drains already
constructed or which hereafter may be constructed be and the same
is hereby ordered within the following described area:
Bounded on the North by a line 300± LF South of and parallel to
the centerline of Ley Road; bounded on the South by a line 1600±
LF South of and parallel to the centerline of Ley Road; bounded
on the West by a line 700± LF West of and parallel to the centerline
of Industrial Road; and bounded on the East by ConRail (formerly
known as Penn Central Railroad).
Main Line:
Beginning at a proposed outfall structure located 1225± LF South
of and 20± LF East of the centerline intersection of Ley Road and
ConRail Railroad right-of-way (formerly Penn Central Railroad);
thence West at a distance of 730± LF to a proposed manhole hereinfater
referred to as Structure #4; thence North along and parallel to
the West right-of-way of Industrial Road at a distance of 720± LF
terminating at a proposed manhole located 500± LF South of and 25±
LF West of the centerline intersection of Ley Road and Industrial
Road.
Lateral A
Beginning at a proposed manhole located 780± LF South of and 25±
LF West of the centerline intersection of Ley Road and Industrial
Road; thence West at a distance of 280± LF; thence South at a distance
of 100± LF terminating at a proposed inlet structure located 875±
LF South of and 335± LF West of the centerline intersection of Ley
Road and Industrial Road.
Said sewers shall be 12", 15", 18", 21", 24", 27", 36" and 54" in diameter.
And, said sewers with all appurtenances shall be constructed in accordance
with the plans, profiles, specifications now on file in the Department of
the Board of Public Works & Safety of said City.
The cost of said drainage improvement shall be paid from and shared by the
City of Fort Wayne Storm Relief Funds and by benefited property owners.
The property holders share of said improvement shall be apportioned against
and paid by the said property holders benefited by said improvement, all
according to the method and manner provided for in the Acts of the General
Assembly of the State of Indiana and the provisions of all acts amendatory
thereto and supplemental thereof.
Assessments , if deferred, are to be paid in ten equal ins t ailment s with in teres t
at the rate of nine (9%) percent per annum set by the Board of Public Works
& Safety and shall be financed by the Barrett Law Revolving Improvement Fund
as provided for in the above-entitled acts. All proceedings and any work
done in said sewer improvement , assessment of property and collection of
assessments, therefore, shall be as provided for in said above-entitled acts
and all amendments thereto and supplemental hereof.
This instrument prepa
.epare. by Richara X. Snouffer, Associate City Attorney
J 57
Illinois Road Sanitary Sewer Extension
"Amended" - "Construction"
Resolution 895-1985
BESOLVED by the Board of Public Works & Safety that it is deemed necessary
to improve the Illinois Road area by the construction of sanitary sewers
in the following described area:
Bounded on the North by the North right-of-way line of Illinois
Road (SR#14)i on the East, South and West by the following described
lines and courses; A line 164. 5± LF West of and parallel to
Reckeweg Road extended South from said North right-of-way line
390± LF; thence West 329. 5± LF; thence South 139± LF; thence West
2250± LF to the East line of Lot #1 Pavey ' s Subdivision; thence
South 172. 5± LF to the Southeast corner of said Lot #1 Pavey 's
Subdivision; the West along the South line of Pavey ' s Subdivision
964. 5± LF to the Southwest corner of Lot #7 pavey 's Subdivision;
thence North on and along the West line of said Lot #7 and its
extension to the North right-of-way line of Illinois Road.
SANITARY SEWERS
The construction of a main sewer which from its size and character
is not only intended and adapted for use by property holders,
whose property abuts the line of said sewer but is also intended
and adapted for receiving sewage from collateral drains already
constructed or which hereafter may be constructed, be and the
same is hereby ordered in and along the following described sewer
line :
MAIN SEWERS:
Beginning at a sanitary sewer manhole 75± LF North of and 15±
LF East of the centerline intersection of Sutton Drive and Illinois
Road; thence South 125± LF to a proposed sanitary sewer manhole;
thence West 1550± LF to a proposed sanitary sewer cleanout.
LATERAL #1:
Beginning at a proposed sanitary sewer manhole 50± LF South and
15± LF East of the centerline intersection of Sutton Drive and
Illinois; thence East 550± LF to a proposed sanitary sewer cleanout.
LATERAL #2:
Beginning at a sanitary sewer manhole 45± LF North of the centerline
intersection of Lawrence Drive and Illinois Road; thence South
110± LF to a proposed sanitary sewer manhole; thence West 865±
LF to a proposed sanitary sewer cleanout.
LATERAL #3:
Beginning at a proposed sanitary sewer manhole 65± LF south of
the centerline intersection of Lawrence Drive and Illinois Road;
thence East 100± LF to a proposed sanitary sewer manhole.
LATERAL #4:
Beginning at a proposed sanitary sewer manhole 65± LF South and
314± LF West of the centerline intersection of Lawrence Drive
and Illinois Road; thence South 400± LF to a proposed sanitary
sewer manhole.
Said sewers shall be
10" and 12" in diameter.
57
And said improvements with all appurtenances shall be constructed in
accordance with the plans, profiles and specifications now on file in the
Department of Board of Public Works & Safety of said City.
The property holders share of said improvement shall be apportioned against
and paid by the said property holders benefited by said Improvements all
according to the method and manner provided for in the Acts of the General
Assembly of the State of Indiana, and the provisions of all Acts amendatory
thereto and supplemental thereof.
Assesssments , if deferred, are to be paid in ten equal installments with
interest at the rate of nine (9%) percent per annum as set by the Board of
Public Works & Safety and shall be financed under Barrett Law Revolving Funds
as provided for in the above-entitled acts.
All proceedings and any work done on said improvements, assessments of property
collection of assessments and issuance of bonds, therefore, shall be as
provided for in said above-entitled acts and all amendments thereto and
supplemental thereof
ADOPTED this 30th Day of July 1986.
ATTEST:
Lawtence D. Consalvos, Director
Helen V. Gochenour, Clerk
a.
IMPLEMENTATION PHASE MASTER AGREEMENT
SUBAGREEMENT NO. 3
SUBAGREEMENT NO. 3
TO THE
MASTER AGREEMENT
BETWEEN THE
CITY OF FORT WAYNE, BOARD OF PUBLIC WORKS
AND
CAMP DRESSER & MCKEE
For Professional Services
for the Development of an
Infrastructure Management System
In the year Nineteen Hundred and Eight-Six by and between wie City of
Fort Wayne, Board of Public Works (hereinafter called OWNER) and Camp
Dresser S McKee, Detroit, Michigan, a Michigan Partnership
(hereinafter called ENGINEER).
WHEREAS, the OWNER is empowered to assign and direct the scope,
scheduling, and limitations of the work of the ENGINEER under a
comprehensive, all inclusive Contract dated July 25, 1984, hereinafter
referred to as the "MASTER AGREEMENT," which was entered into for the
purpose of having the ENGINEER perform services required to develop an
Infrastructure Management System.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties hereto
that, consistent with the MASTER AGREEMENT, work will be performed in
accordance with this Subagreement No. 3 and prior and subsequent
agreements.
THIS IS A SUBAGREEMENT NO. 3 made as of the^O
day of
606 18C
Page 1 of 3
IMPLEMENTATION PHASE MASTER AGREEMENT
SUBAGREEMENT NO. 3
1. SCOPE OF WORK
The limit of the scope of the work under this Subagreement is
generally described as consisting of a detail subsystem design or the
Street Lighting and Traffic divisions of the Department of Public
Works and the development of procedures allowing coordination between
the Pavement Management System (PMS) being developed by A.R.E., Inc.
and the IMS. Further description of the scope of work is included in
Appendix A.
2. TIME FOR PERFORMANCE
The Project work for the above listed tasks to be performed under
this Subagreement No. 3 shall be accomplished within six (6) months of
the date of this Subagreement.
The ENGINEER shall begin work on the preliminary system design
immediately upon written notification to proceed therewith from the
OWNER. The schedule may be adjusted as necessary for the coordination
of the work by mutual agreement between the parties hereto.
3. PAYMENT PROVISIONS
Pursuant to the terras of the MASTER AGREEMENT, the ENGINEER shall
be paid for his professional services on a lump sum fee basis. The
total amount of the detail system design for the Street Lighting and
Traffic subsystem is limited to $50,000.
The amounts for the development of the PMS/IMS links shall not
exceed $27,500.
606 18C
Page 2 of 3
IMPLEMENTATION PHASE MASTER AGREEMENT
SUBAGREEMENT NO. 3
It is mutually understood that it is intended that the work
described herein shall be accomplished without revision of this
Subagreement No. 3 price limit. If the scope of professional services
hereinbefore described is revised, subsequent to the execution of this
Subagreement No. 3, the payment terms hereunder shall be adjusted by
amendment to this Subagreement No. 3.
Partial payments for professional services shall be made monthly
by the OWNER based upon the ENGINEER'S lump sum invoices until 90
percent of the agreed upon amount has been paid. The final 10 percent
will be paid on completion of the work.
4. OTHER PROVISIONS
All other provisions of the MASTER AGREEMENT are made a part of
this Subagreement No. 3.
THIS SUBAGREEMENT NO. 3 is entered into as of the day and year
first above appearing.
OWNER ENGINEER
606 18C
Page 3 of 3
APPENDIX A
TO
SUBAGREEMENT NO. 3
TO THE
MASTER AGREEMENT
BETWEEN THE
CITY OF FORT WAYNE, BOARD OF PUBLIC WORKS
AND
CAMP DRESSER S MCKEE
DETAILED SUBSYSTEM DESIGN - STREET LIGHTING AND TRAFFIC SUBSYSTEMS
Inventory and Data Collection Procedures
With the assistance of Public Works, we will conduct a thorough
investigation of existing records which can be used to develop a
geographically linked inventory of Street Lighting and Traffic related
facilities such as street lights, signals, signs, etc. At the end of
this evaluation, we will recommend the procedures and data records to
be used in conducting the facility inventory of each component.
We will also assist the Board in developing a coding manual which will
include a list of data items and coding procedures for each facility.
Coding forms will be produced from the DIME files; they will be
organized in the same way as the source documents are organized. This
will assist the coders in conducting the inventory in a thorough and
efficient manner. It is understood that the Board of Public Works
will be responsible for actually performing the inventory.
When the Inventory forms have been keyed into a computer file, we will
prepare the inventory to be loaded into the respective data bases.
Maintenance Management System Design
We will assume the major responsibility for the design of the mainte-
nance management program applications to handle complaints, emergency
606 18C
Page 1 of 2
situations, scheduled maintenance, work order processing, job costing,
and reporting. The system designs will include a record keeping
system of these activities.
Although the actual programs will not be designed during this phase,
we will meet with appropriate department personnel to investigate
their organizational procedures, responsibil ites and detailed
maintenance and information management system requirements. At the
conclusion of these interviews, we will develop a complete maintenance
and information management system design. This design will be
developed to be an integral part of the Infrastructure Management
System and will coordinate with the other subsystems.
PAVEMENT MANAGEMENT SYSTEM/IMS COORDINATION AND INTEGRATION
The pavement management system developed by A.R.E., Inc. for Street
Engineering will be required to access information collected by the
IMS process. We will review the requirements of the PMS and the
information collected by the IMS and develop procedures for trans-
ferring data to the PMS. The PMS will access maintenance and cost
data which will be used in making pavement management evaluations and
decisions. The location and data access procedures used by the PMS
will be modified as necessary to allow use of the data provided by the
IMS.
SUMMARY COSTS AND SCHEDULE
All work in this Subagreement will be completed within six (5) months
of authorization. The designs for the Street Lighting and Traffic
subsystems will be completed at a cost of $50,000. The Pavement
Management procedures will be completed at a cost of $27,500.
60618C
Page 2 of 2
CONTRACT FOR ENGINEERING SERVICES
^ JUL 08'"'^
jdsta Poliufcon Con'joi Piairt
FOR
SLUDGE DIGESTION FACILITIES IMPROVEMENTS
FOR
PAUL L. BRUNNER WATER POLLUTION CONTROL PLANT
BY AND BETWEEN THE
CITY OF FORT WAYNE, INDIANA
AND
HOWARD NEEDLES TAMMEN & BERGENDOFF
ARCHITECTS ENGINEERS PLANNERS
INDIANAPOLIS, INDIANA
AGREEMENT
THIS AGREEMENT, by and between the CITY OF FORT WAYNE, INDIANA, acting
by and through its Board of Public Works, hereinafter referred to as the
OWNER, and HOWARD NEEDLES TAMMEN & BERGENDOFF, a partnership, hereinafter
referred to as the ENGINEER, WITNESSETH THAT:
WHEREAS, the OWNER has developed and adopted a Master Plan for Waste-
water Facilities dated November 1985; and
WHEREAS, the Master Plan for Wastewater Facilities, November iya5,
outlines improvement needs for the anaerobic digestion system; and
WHEREAS, it is desirable and necessary to undertake improvements for
the existing anaerobic digestion facilities in accordance with the Master
Plan for Wastewater Facilities, November 1985.
NOW, THEREFORE, the OWNER and the ENGINEER, for the consideration
named herein, agree as follows:
The ENGINEER agrees to perform for the above named project profes-
sional services as hereinafter set forth.
The OWNER agrees to employ and does hereby employ the ENGINEER for the
services herein set forth and agrees to pay the ENGINEER for such services,
in current funds, the fee set forth in Article 3 of this Agreement.
The parties hereto further agree to the following conditions:
ARTICLE 1. THE ENGINEER'S SERVICES.
A. Upon written authorization by the OWNER for design engineering
services, the ENGINEER shall perform within 120 days as follows:
1. Prepare drawings and specifications, per Chapter 6, Section
6.2.3. Anaerobic Digestion Phases 1, 2, and 3, of the Master Plan for
Wastewater Facilities dated November 19a5, suitable for review by the OWNER
and State agencies.
2. Prepare other necessary contract documents so that the project
is ready for public bidding.
3. Review the bidding documents with the OWNER and State
Agencies.
4. Provide the OWNER with one (1) set of the approvable bidding
documents together with final estimates of the project cost.
B. Additional services in connection with the project not otherwise
provided for in this Agreement, such as Improvements noted in Appendix H,
Evaluation of Existing Equipment Items, may be arranged for between the
ENGINEER and the OWNER and Incorporated into this Agreement.
ARTICLE 2. DUTIES OF THE OWNER. The OWNER agrees to provide the ENGINEER
with complete information concerning the requirements of the project and to
perform as follows:
A. Make available all prior studies, reports, permits, applications,
and all records pertaining to the subject wastewater facilities.
B. Provide access to and make all provisions for the ENGINEER to
enter upon the premises of the Paul L. Brunner Water Pollution Control
Plant as required for the ENGINEER to perform such work as surveys and
inspections in the development of the project.
C. Give thorough consideration to all reports, sketches, estimates,
drawings, specifications, proposals, and other documents presented by the
ENGINEER, and shall inform the ENGINEER of all decisions within a reason-
able time so as not to delay the work of the ENGINEER.
-2-
D. Promptly hold all required special meetings, serve all required
public and private notices, receive and act upon all protests, and fulfill
all requirements necessary in the development of the project including
legal and fiscal services and pay all costs incidental thereto.
E. Furnish the ENGINEER with a copy of any design and construction
standards he shall require the ENGINEER to follow in the preparation of
contract documents for the project.
F. Appoint an OWNER'S representative with respect to the work to be
performed under this Agreement; and such person shall have complete author-
ity to transmit instructions, receive information, and interpret and define
OWNER'S policies. The ENGINEER shall be entitled to rely on all represen-
tations made by the OWNER'S representative unless otherwise directed in
writing by the OWNER.
G. Furnish groundwater and soils analyses, laboratory analysis,
sampling data on wastewater and sludge characteristics, and flow measuring
data of wastes.
H. Sign and file for all necessary approvals from regulatory agencies
and to pay all cost incidental thereto.
I. Upon notice, promptly inform the ENGINEER of any changes or
defects in the project.
J. Furnish all labor for any necessary operations of the equipment
and appurtenances of the existing facilities as may be required by the
ENGINEER.
K. Furnish information on soil and underground conditions at the
project site.
-3-
5 59
ARTICLE 3. PAYMENTS TO THE ENGINEER. For the services rendered under this
Agreement, the ENGINEER shall be paid a lump sum amount of Eighty-four
Thousand Six Hundred Dollars ($bA,600). Partial payments shall be made to ^
the ENGINEER based upon monthly billings proportionate to the ENGINtER'S
estimate of work completed.
For any services heretofore described in this Agreement, but for which
no estimated costs have been included, appropriate methods of compensation
shall be incorporated into this Agreement upon approval by both parties.
ARTICLE 4. DESIGN CREDIT. Whenever renderings, photographs of renderings,
photographs of models, or photographs of the project are released by the
OWNER for publicity, proper credit for engineering shall be given to the
ENGINEER, provided the giving of such credit is without cost to the OWNER.
ARTICLE 5. SUCCESSORS AND ASSIGNMENTS. The OWNER and the ENGINEER each
binds himself, his partners, successors, executors, administrators, and
assigns to the other party of this Agreement, and to the partners, suc-
cessors, executors, administrators, and assigns of such party in respect to
all covenants of this Agreement.
ARTICLE 6. OWNERSHIP OF DOCUMENTS. All reports and other work product of
the ENGINEER for this project are Instruments of service for this project
only and shall remain the property of the ENGINEER whether the project is
completed or not. Reuse of any of the instruments of service of the ENGI-
NEER by the OWNER on extensions of this project or on any other project
without the written permission of the ENGINEER shall be at the OWNER'S
-4-
59
risk, and the OWNER agrees to defend, indemnify, and hold harmless the
ENGINEER from all claims, damages, and expenses including attorneys' tees
arising out of such unauthorized reuse of the ENGINEER'S instruments of
service by the OWNER or by others acting through the OWNER. Any reuse or
adaptation of the ENGINEER'S instruments of service occurring after the
written agreement of the ENGINEER may entitle the ENGINEER to further
compensation in amounts to be agreed upon by the OWNER and the ENGINEER.
ARTICLE 7. GOVERNING LAWS. This Agreement shall be governed by the law of
the State of Indiana.
ARTICLE 8. GENERAL CONDITIONS. In the event any provisions of this
Agreement shall be held to be invalid and unenforceable , the remaining pro-
visions shall be valid and binding upon the parties. One or more waivers
by either party of any provision, term, condition, or covenant shall not be
construed by the other party as a waiver of a subsequent breach of the same
by the other party.
The ENGINEER intends to render his services under this Agreement in
accordance with generally accepted professional practices for the intended
use of the project.
ARTICLE 9. TERMINATION. This Agreement may be terminated by either party
by seven (7) days written notice in the event of substantial failure to
perform in accordance with the terms of this Agreement by the other party
through no fault of the terminating party. If this Agreement is termi-
nated, the ENGINEER shall be paid for services performed to the termination
notice date including Reimbursable Expenses due.
f
ARTICLE 10. EXECUTION. The OWNER and the ENGINEER hereby agree to the
full performance of the covenants contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in triplicate thls^
HOWARD NEEDLES TAMMEN 4 BERGENDOFF
Title Associate
CITY OF FORT WAYNE, INDIANA
Attes,t: n
L
Clerk Its Board of Public Works 4 Safety
60
Shambaugh
MECHANICAL
^^^^V I INC. 9011 Front street
July 25, 1986
*Ww B 1^' ^^^^ f
28 1986
City of Fort Wayne
City Utilities, Room 710
City County Building
One Main Street
Fort Wayne, IN 46802
Attn; Mr. Terry Atherton
Chief Water Engineer
Shambaugh 6 Son, Inc. hereby requests that the City of Fort Wayne grant it
permission to construct a private water main across the utility easement which
has been granted to the City of Fort Wayne adjacent to the west property line
of the below described property.
Property commonly known as "Fort Wayne Pools" and located at
510 Sumpter Drive. The description obtained from the Aboite
Townshit) Assessors Office is:
"12.07 acres, 1965 feet east of Hadley Road and
north of railroad; northeast 1/4 except 1.72 acres
of Wayne Township."
If permission is granted it shall be limited to the right to cross said easement
and shall in no way alter the terms of the easement agreement.
The purpose of this request is to install a new 10" private fire service water
main from the adjacent property to the west, to the Fort Wavne Pools oronerty
Gentlemen:
I
60
, Ci'cy of Fort Wayne
City Utilities
July 25, 1986
Page 2
to improve the available water supply for fire protection purposes. This install-
ation is detailed on the enclosed Drawing FP-1 dated 7-11-86.
Trusting the above provides you with the required information and looking forward
to receipt of your permission to proceed, we are
Yours very truly,
SHAMBAUGH AND SON, INC.
Fire Protection Division
The City of Fort Wayne hereby (grants, -derR-es-) Shambaugh 6 Son, Inc ./permission
to proceed with the above described crossing of th/e easementrT) / y
T. C. Meyer
Vice President
/cs
Enclosure
ft2
EAS™ GARDENS-VOODLAND ACRSS^SOH'S SUBDIVISIC*
SEWER IMPROVEMENT RESOLUTION 900-1986 ^ZC ^('Sf-^J
"Preliminary" ^Ocj/s ^
„H.c. Will hear all interested persons, including those whose property is
„iU be affected by the proposed stor. vor.s and on any other .atter
pertaining to the said proposed wor.s . Said proposed wor.s only for use by
property holders whose property abuts along the line of said wor.s within
the following described area:
Tbe southeast Quarter Section 30; Township 30 North. Range 13
East Allen County, Indiana.
. --^fm, i-rs-v; ratir
and 27± LF west oi proposed manhole; thence
Cassel Road; thence ""'^^^'^ J.^^* "^^^ tJ„,e North 685± LF to a
West 1465± IF to a proposed manhole, tnente
proposed manhole and the end of the main line.
I^eral .1 Beginning at an -^^-^^ :rRi ^ew^T^^ v anf H^^fen
^^^^"^^"".^ °' Sou\ht:st"A5" LF to a proposed manhole; thence
Tr;J;otr::2u ... the L of Lateral n.
^^^^^^ Beginning at a P-P-f^^-^^.^^.^r^D^ive 'tnd'nrsren
end of Lateral #2.
It:rZ ""..f 35S: ;r""r":,:.'.r ... -
Lateral #3.
Beginning at ^^^^Tll.^T^^^^^ ^ ^
rrU"th^elce"«lst"33t L^"o"r proposed manhole and the end of
Lateral #4.
^^^e,^ Beginning at^ a proposed ^rlve' anfHe^re^
^;;j-l7rTrWest of t^^\-\\7:",rto a P posed manhole; thence
Cassel Road; thence """.^'^^^^'-'^^^.he Ld of Lateral #5 .
West 920± LF to a proposed manhole ano
end of Lateral #6.
Lateral #7^ Beginning at «^J^°P°-tnrLoV A^U^ttutd'Lfd:^
S^:-tLnt rrt^rirtra/r^o a proposed manhole; thence
East 340± L^ and the end of Lateral #7.
<■ . T,roDOSed manhole located 5± LF
Si irr: r;::j.TJ^i^. ... ... »<
Line "A".
ItS^"".:; *iv'"S'-"'rp",".. ...... - - -
Lateral "B" .
Lateral C"; Beginning at a proposed manhole located 15± LF East
and 15± LF South of the intersection; thence East 550± LF to a
proposed manhole and the end of Lateral "C".
Lateral "D"; Beginning at a proposed manhole located 15± LF South
and 15± LF East of the intersection of Autumnview Drive and Stinson
Drive; thence East 130± LF to a proposed manhole and the end of
Lateral "D".
Lateral "E": Beginning at a proposed manhole located 15± LF South
and 15± LF East of the intersection of Autumnview Drive and Castle
Drive; thence East 395± LF to a proposed manhole and the end of
Lateral "E".
Lateral "F": Beginning at a proposed manhole located 15± LF South
and 15± LF East of the intersection of Autumnview Drive and Oakwood
Drive; thence North 280± LF to a proposed manhole; thence East
395± LF to a proposed manhole and the end of Lateral "E".
Said sewers shall be 12', 15", 18", 21", 24", 27", 30", 36", and 42" in diameter.
And, said sewer with all its appurtenances shall be constructed in accordance
with the plans, profiles, and specifications now on file in the Department of
the Board of Public Works & Safety of said City.
The cost of said drainage improvement project shall be paid and shared by the
City of Fort Wayne through City of Fort Wayne Bond Issue and by benefited property
owners through Barrett Law assessment.
The property holders share of said improvement shall be apportioned against
and paid by the said property holders benefited by said improvement, all according
to the method and manner provided for in the Acts of the General Assembly of
the State of Indiana, and all provisions of all acts amendatory thereto and
supplemental thereof.
Assessments, if deferred, are to be paid in ten equal installments with interest
at the rate set by the Board of Public Works 6t Safety, per annum, and shall
be financed by the Barrett Law Improvement Fund as provided for in the above-
entitled acts. All proceedings and any work done in said sewer improvement,
assessment of property, collection of assessments and issuance of bonds,
therefore, shall be as provided for in said above-entitled acts and all amendments
thereto and supplemental thereof.
All proceedings and works done on said improvements, assessments of property,
collection of assessments and issuance of bonds, therefore shall be as provided
for in said above-entitled acts and all amendments thereto and supplemental
thereof.
The Board reserves the right to confirm, modify or rescind said Resolution.
r
I ^5
t
RESOLVED By THr o
INDIANA Th ^°ARi5 OF P,,RT .
— — — sai<j
'^''°Pted this
day of
ATTEST:
BOARD OF PUBLIC WORKS CONTRACT
FOR SPECIAL CONSULTANT SERVICES
RE: UTILITY CONSUMER REGULATORY AFFAIRS
THIS AGREEMENT, made and entered into between
CITY UTILITIES of the CITY OF FORT WAYNE, INDIANA
acting through and by its BOARD OF PUBLIC WORKS,
(hereinafter called the "UTILITY" ), and
Laura A. Arnold, Principal of THE ARNOLD GROUP, 310 N.
Alabama Street, Indianapolis, IN 46204 (hereinafter
called the "CONSULTANT");
WITNESSETH:
WHEREAS, the UTILITY requires services related to the
monitoring of proceedings and the possible intervention by the
UTILITY or the City of Fort Wayne, as a party in certain
regulatory proceedings, together with staff support,
investigation, compilation of data, and the obtaining, generally,
of relevant information to assist and advise the UTILITY, and its
counsel ; and
WHEREAS, THE CONSULTANT represents that she has particular
experience and abilities in the performance of the services
required; and
WHEREAS, the UTILITY, through its Board of Public works,
pursuant to pertinent provisions of Indiana statues, has the
power and authority to enter into contracts for services deemed
by it necessary and beneficial to the UTILITY; it is
THEREFORE, AGREED AS FOLLOWS:
1. The UTILITY employs the CONSULTANT to perform the services
specified in the 1986-1987 Proposal and Work Plan, attached
and made a part of this Agreement;
2. The term of this agreement shall be from July 1, 198 6 to
June 30, 1987;
3. The UTILITY agrees to compensate the CONSULTANT for services
provided under this agreement as follows:
1
a. A monthly retainer of eight hundred and seventy-five
dollars ($875.00) .
b. Reimbursement of all out-of-pocket expenses including
but not limited to photo-copying, printing, postage,
long distance phone calls, travel, entertainment and
Information services not to exceed an average of One
Hundred Twenty-Five Dollars ($125.00) for each month of
the agreement.
c. Every month, the CONSULTANT, shall submit to the
UTILITY a monthly voucher together with a Certification
of Claim.
d. In support of each Claim, the CONSULTANT shall submit a
brief narrative, describing, in general terms, the
activities of the CONSULTANT with respect to the Work
Plan attached to and made a part of this Agreement as
well as an itemized list of all reimburseable expenses.
e. The UTILITY shall remit and pay the amount of the
claim, within ten (10) days after submission of the
proper claim.
f. The total compensation payable under this agreement
shall be Twelve Thousand Dollars ($12,000.00).
4. It is anticipated that the CONSULTANT may have and serve
other clients; it is further anticipated that the CONSULTANT
may have and utilize an assumed business name, or may
hereafter incorporate, and nothing herein contained shall
preclude the CONSULTANT from assigning the proceeds of this
Agreement, provided, however, that the services performed
hereunder are personal services and may not be performed by
any other than the CONSULTANT, individually, utilizing an
assumed business name, or as employee of a corporation in
which she is the principal shareholder, without prior
written consent of the UTILITY.
5. If both parties desire to extend this agreement beyond the
termination date set forth in Paragraph 2, each will notify
the other party within sixty (60) days of that termination
date. A new contract will then be negotiated and executed.
In that event, and if for some acceptable reason said
written contract cannot be signed before the termination
date, the parties agree to be bound by the terms of this
agreement for no longer than thirty (30) days past the
termination date set forth in Paragraph 2.
5. The Proposal and Work Plan attached hereto and incorporated
herein may, from time to time be amended by mutual agreement
of the parties in writing.
2
7. Nothing herein contained shall permit the CONSULTANT to
represent that she is an employee of the City of Fort Wayne,
Indiana or of the UTILITY, provided further that the
CONSULTANT may represent that she is under a contractual
relationship to the UTILITY, and if she shall, on behalf of
the City or the UTILITY or otherwise engage in any activity
requiring registration by the CONSULTANT with any sate or
federal government, regulatory agency or political
subdivision thereof, as lobbying or representation, she
shall register as a lobbyist, or representative, or agent as
may be required.
8. CONSULTANT is an independent contractor, not an employee of
the City or UTILITY, and shall be responsible for and pay
any and all taxes due as a result of compensation or other
monies paid hereunder. UTILITY shall have no liability of
any kind or character for any injury to person or damage to
property that may result from the performance of
CONSULTANT'S duties hereunder, except for such injury or
damage proximately caused by the direct and intentional
negligence of the UTILITY, the City of Fort Wayne, or their
employees. Notwithstanding the forgoing, the UTILITY shall
indemnify and defend the CONSULTANT from and against any
lawsuits and claims filed against the CONSULTANT by any
entity or person, that result from the work product
DATE
by
generated hereunder
by DATE
by CA- . C CXs^ \^fl )^ DATE.
for the BOARD OF PUBLIC WORKS OF THE CITY OF FORT WAYNE, INDIANA
(The "UTILITY)
and
i^URA A. ARNOLD, for the ARNOLD GROUP
(The "Consultant")
DATE_
1986-87 WORK PLAN
UTILITY CONSUMER REGULATORY ISSUES
The following is an outline of anticipated issues at the PSC from
July 1, 1986 through June 30, 1987.
A. Northern Indiana Public Service Company (NIPSCO)
1. Bailly Refund Case, Cause No. 37972
2. Electric rate case for Schahfer Unit 18, Cause No. 38045
B. Indiana and Michigan Electric Company (I&M)
1. General Electric Case, Cause No. 38063
C. General Telephone Company of Indiana (GTE)
1. quality of service standards
D. Indiana Bell Telephone Company (Bell)
1. Local calling plan. Cause No. 38059
STATE LEGISLATIVE AFFAIRS
The following is an outline of
legislative activities during
General Assembly.
A. Utility regulatory issues
1. electric
2. natural gas
issue areas for anticipated state
the 1987 session of the Indiana
* natural gas bypass and transportation
3. telecommunications
* local measured service
* deregulation and separate subsidiaries
4. water and sewer
* municipal sewer liens
* municipal utility PSC assessment fees
EMERGENCY RESOLUTION NO. 76-84-2
WHEREAS, a pavement blow-up occurred In the 900 block of East Paulding
Road; and
WHEREAS, Street Engineering Department determined an emergency existed
for immediate barricading and repair to protect the safety and welfare of
motorists; and
WHEREAS, an Emergency Purchase Order No. A-48340 "as issued by the
Purchasing Department to Three Rivers Barricade and Equipment Co. for
barricades; and
WHEREAS, Mergy Construction Co. was working on a pavement blow-up at
5700 block South Anthony, Street Engineering received a bid of $3,536.80
from Mergy Construction Co., Inc.
NOW, THEREFORE the Board of Public Works & Safety hereby declares
an Emergency exists to repair said pavement and the Purchasing Department
has issued a purchase order to Mergy Construction Co., Inc. for their bid
in the amount of $3,536.80. The P.O. Number is A-48339.
Adopted this date:
CITY OF FORT WAYNE
BOARD OF PUBLIC WORKS h SAFETY
Cosette R. Simon
Helen Gochenour , Clerk
EMERGENCY RESOLUTION NO. 76-84-1
WHEREAS, a pavement blow-up occurred In the 5700 block of South
Anthony Blvd. ; and
WHEREAS, Street Engineering Department determined an emergency
existed for immediate barricading and repair to protect the safety and
welfare of motorists; and
WHEREAS, an Emergency Purchase Order No. A-A8306 was issued by
the Purchasing Department to Three Rivers Barricade and Equipment Co.
for barricades; and
WHEREAS, Street Engineering received bids from John Dehner in the
amount of $3,001.20, Hipskind Concrete Corp. in the amount of $3,460.18,
Tomco Construction Co. did not call back until 11:00 a.m., and Mergy
Construction in the amount of $2,730.91.
NOW, THEREFORE the Board of Public Works 6. Safety hereby declares
an Emergency exists to repair said pavement and the Purchasing Department
has issued a purchase order to Mergy Construction co.. Inc. for the lowest
bid in the amount of $2,730.91. The P.O. Number is A-48305.
Director, Board of Public Works
Cosette R. Simon
Director, Administration and Finance
Lawtence D. Consalvos
Director, Board of Public Safety
ATTEST :
Helen Gochenour, Clerk
1
EMERGENCY RESOLUTION NO. 76-86-11
WHEREAS, a pavement blow-up occurred In the 6600 block of North Clinton
Street; and
WHEREAS, Street Engineering Department determined an emergency existed
for immediate barricading and repair to protect the safety and welfare of
motorists; and
(fflEREAS , an Emergency Purchase Order No. A-48353 was issued by the
Purchasing Department to Three Rivers Barricade and Equipment Co. for
barricades; and
WHEREAS, Mergy Construction Co. was working on a pavement blow-up at
5200 block of North Clinton Street, Street Engineering received a bid of
$9,193.05 from Mergy Construction Co., Inc.
NOW, THEREFORE the Board of Public Works & Safety hereby declares
an Emergency exists to repair said pavement and the Purchasing Department
has issued a purchase order to Mergy Construction Co., Inc. for their bid
in the amount of $9, 193.05. The P.O. Number is A-48354.
Adopted this date:
CITY OF FORT WAYNE
Cosette R. Simon
ATTEST:
EASEMENT FOR GAS MAINS
Form 820-lC
Eascir^n- ,'/36303
Rev. 2-61
Know All Men, That ^^^y ^ort Wayne
herein called the "grantors", in consideration of the sum of one dollar ($1.00) and other valuable considerations in hand
paid to the grantors, hereby grant to Northern Indiana Public Service Company, an Indiana corporation, and to its
successors and assigns, a right-of-way to lay, install, maintam, operate, repair, replace and renew gas mams and a line
or lines of pipe for the transportation and distribution of gas to the public in general, with all necessary and convenient
equipment, facilities, service pipes, lines and connections therefor, and to operate by means thereof a system for such
transportation and distribution of gas, to be used for light, heat, power and other purposes, in, upon, along and over a
7 S 31 1 2 E
strip of land situated in Section f:P. , Township .....r. North, Range ol the Second Principal
Meridian, in the county of .All^n ^ State of Indiana, described as follows:
A strip of land situated in the Northeast Quarter (NE^) of said Section
25, said strip of land being 25 feet wide and lying 12.5 feet wide
each side of a survey line, and said survey line produced, said survey
line being described as follows:
Beginning at the Northeast comer of the West Half (W^i) of the Northeast
Quarter (NE^;) of said Section 25; thence North 89°-24 ' West along the
North line of the Northeast Quarter (NEis) of said Section 25 a distance
of 884 feet to the TRUE POINT OE BEGINNING of this description; thence
South 0°-54' West a distance of 463.3 feet to a point on the Northerly
right-of-way line of US Highway 30.
ALSO
A 15 foot wide temporary easement line West of and adjacent to the
North 418.8 feet of the above described permanent easement.
ALSO
A 50 foot wide temporary easement lying 12.5 feet wide on the East
side of and 37.5 wide on the West side of the South 44.5 feet of the
survey line of the above described permanent easement.
Access to the above described strip of land over the adjoining lands of the grantors is hereby granted. Any pipe line,
or lines, shall, at the time of the construction thereof, be buried to such depth as shall not interfere with the cultivation of
said premises. Grantee shall replace in a good and workmanlike manner all tile cut in the construction of its line or lines
hereunder. Any damage to the crops, fences, or improvements of the grantors on said strip of land, or on the lands of the
grantors adjoining said strip of land, done by tlie grantee in the installation, maintenance, operation, repair, replacement or
renewal of said line or lines of pipe and the equipment and facilities connected therewith, shall be promptly paid for by
the grantee. The grantee may cut or trim trees, bushes and sapUngs growing upon or extending over said strip of land so
far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said line
or lines of pipe and the equipment and facilities connected therewith. Patrolling said line or lines of pipe on foot shall not
constitute grounds for a claim for crop damage.
The grantors reserve the use of said strip of land not inconsistent herewith, but no buildings or structures shall be
erected or placed on said strip of land by grantors.
The rights herein granted may be assigned in whole or in part.
The grantee shall and will indemnify and save the grantors harmless from and against any and all damage, in-
juries, losses, claims, demands or costs proximately caused by the fault, culpability, or negligence of the grantee in the
installation, maintenance, operation, repair, replacement or renewal of said line or lines of pipe, and the equipment and
facilities connected therewith, over and across said strip of land.
The undersigned grantors hereby covenant that they are the owners in fee simple of said strip of land, are
lawfully seized thereof, and have good right to grant and convey said easement herein, and guarantee the quiet possession
thereof, that the said strip of land is free from all encumbrances, and that the grantors will warrant and defend the title to
said easement against all lawful claims.
These presents shall be binding on the heirs, executors, administrators, grantees and assigns of the grantors, and
upon the grantee, its successors and assigns. L.^
// ^
IN-^ITNESS WHEREOF, the grantors have duly executed this instrument this /...fc day of
(SEAL)
..(SEAL)
-.(SEAL)
..(SEAL)
C^'
.S©..^.,.C»vtv.a*Slra:5>..
..(SEAL)
..(SEAL)
In consideration of one dollar ($1.00), the undersigned hereby adopts and joins in the execution of the above and
foregoing easement and consents to the enjoyment by grantee therein of the rights granted by said easement.
This Instrument prepared by:
Raymond D. Cole
Northern Indiana Public Service Company
..(SEAL)
69
' Form 3B l&ME Co.
(Indiana 12/83)
7 ^-3/-
©ififi Agmmrut ente«d into this
by and between the INDIANA & MICHIGAN ELECTRIC COMPANY, hereafter called the Company, and
The City_ of Fort Wa^e,^_OneJ^^
or his or its heirs, successors or assigns, hereafter called the Customer,
For and in consideration of the mutual covenants an;! agreements hereinafter contained, the parlies hereto agree wiih each
other as follows:
Tlie Company agrees to furnish to the Customer, during the term of this Agreement, and the Customer agrees to take from the
Company, subject to Company's standard Terms and Conditions of Service as regularly filed with the Public Service Commission of
Indivia, all the electric energy of the character specified herein that shall be purchased by the Customer in the premises located ac
Southwest, .Pi^^
The Company is to furnish and the Customer is to take electric energy under the terms of this Agreement for a period of
.....9?}.?....!.,.? \ycar from the time such service is commenced, and thereafter until either party shall give the other not less
than notice in writing of his or its election to discontinue the service. The date that service shall be
deemed to have commenced under this Agreement shall be May... 21,.. .198 6
The electric energy delivered hereunder shall be alternating current at approximately '■y^'^'r^^f^^^^ wire single phase
.volts , wire three phase
and it shall be delivered at secondary terminals of^_Company owned pad mounted transforrner
which shall constitute the point of delivery under this Agreement. The said electric energy shall be delivered at reasonable close
maintenance to constant potential and frequency and it shall be measured by a meter or meters owned and installed bv the Com-
pany and located at ...P^d JTOUnte^^
The reservation of capacity contracted for by Customer under the tariff named herein is hereby fixed at fcw
.?.?.5. kv.
The Customer hereby agrees to pajr the Company monthly for electric energy delivered hereunder at the rate and under the
provisions of Company's Tariff .•;.:.?.:.?.:.T.r.t?.: as regularly filed with the PubLc Service Commission of Indiana, said tariff
being selected by the Customer, as long as said tariff is in effect; and in the event said tariff is replaced by a newer revised tariff
incorporating higher or lower rates than those stipulated in the aforementioned tariff, the Company will conrinue to furnish service
as stipulated in the Agreement and the Customer will pay for such service at the higher or lower rates from and after the date when
such rates are made effective.
There are no unwritten understandings or agreements relating to the service hereinabove provided.
This Agreement cancels and supersedes all previous agreements relating to the purchase by Customer and sale by Company of
electric energy at Customer's premues as referred to above.
This Agreement shall be in full force and effect when signed by the authorized represenutives of the parties hereto.
Account Number 4310-91-04925-02
INDIANA & MICHIGAN ELECTRIC COMPANY Tmjip.TY OF FORT ■
•George-Bv-Phi-i-Hps By: \^~z2i^^(^...2^
Tide: Maxk£ting...&..sus.taaeC..SeKy.iS.(=5 Manager Title:DiT.?..c.t.9..T.^...B.9arcl.of Publ i.c.J.Qiiis.
First Revised Sheet No. 6
Cancels Original Sheet No.
INDIANA I. MICHIGAN ELECTRIC COMPANY P. S.C.I. No. E-13
STATE OF INDIANA
TARIFF M.G.S.
(Medium General Service)
Availability of Service.
Available for general service customers with demands of 5 KW or
greater. Service is not available for new customers with normal
maximum demands in excess of 100 KW.
Customers served under this tariff prior to November 28, 1984,
whose average billing demands for 12 consecutive months exceed 100 KW,
will be billed the lesser of the following amounts: (1) the amount
owed under the tariff which reflects the customer's service
characteristics; or (2) 120 percent of the amount owed under this
tariff. Beginning November 28 , 1985 , customers served -^jnder this
provision, whose average billing demands exceed 100 KW, will be billed
the lesser of the following amounts : { 1 ) the amount owed under the
tariff which reflects the customer ' s service characteristics ; or ( 2 )
140 percent of the amount owed under this tariff. As of November 28,
1986, all customers served under this provision, whose average billing
demands exceed 100 KW, will be shifted to the appropriate tariff and
billed in accordance with that tariff.
Rate.
Demand Charge S6.196 per KW
Energy Charge 3.89K per KWH
Service Charge.
For secondary service S 21.90 per customer
per month
For primary service $111.00 per customer
per month
Minimum Charge.
This tariff is subject to a minimum monthly charge equal to the
monthly service charge plus the demand charge multiplied by the
monthly billing demand. The minimum monthly charge so determined
shall be subject to adjustments as determined under the Delivery
Voltage paragraph.
Delayed Payment Charge.
All bills under this schedule shall be rendered and due monthly.
If not paid within seventeen (17) days after the bill is mailed, there
shall be added to bills of $3.00 or less, ten percent (10%) of the
amount of the bill; and to bills in excess of $3.00 there shall be
added ten percent (10%) of the first $3.00, plus three percent (3%) of
the amount of the bill in excess of $3.00.
Credits Modifying Rate. ^
Bills computed under the rate set forth herein will be modified by
credits as follows: ^
(A) Metered Voltage.
The rate set forth in this tariff is based upon the delivery and
measurement of energy at the secondary distribution voltaqe level.
W^i ^k'^^JSu"'"!"'' °^ ^"^^^^ ""^^^ primary distribution voltage
level, the KWH and KW as metered will be multiplied bv 0 94
(Cont d on Sheet No. 6A)
luuit December 3, 1984
Approved by the Public Service
Commiiiion of Indians In
Cauie No. 37i57
liluvd by
Wliriim A. BUch, Praildint
Fort Wiyrti. Indiana
EflactJ»»: December 10, 1985
Original Sheet No, 6A
p. S.C.I. No. E-13
INDIANA a MICHIOAN ELECTRIC COMPANY
STATE OF INDIANA ^^j^jp^ „
(Medium General Service)
(ilont'd trom Sheet No. b)
(B) Delivery Voltage.
When the customer furnishes and maintains the complete substation
equipment including any and all transformers and/or switches and/or
other apparatus necessary for the customer to take his entire service
at primary distribution voltage, a credit of $0.45 per KW of monthly
billing demand will be applied to each monthly net bill.
Monthly Billing Demand.
Energy supplied hereunder will be delivered through not more than 1
single-phase and/or 1 poly-phase meter. Billing demand in KW shal-i be
taken each month as the single highest 15-minute peak as registered
during the month by a 15-minute integrating demand meter or at the
Company's option as the highest registration of a thermal-type demand
meter. Where energy is presently delivered through 2 meters, the
monthly billing demand will be taken as the sum of the 2 demands
separately determined. For the purpose of billing, no demand shall be
less than 5 KW.
Fuel Cost Adjustment.
This rate is subject to the Company's fuel cost adjustment,
determined in accordance with the provisions of Item No. 22 of the
Terms and Conditions of Service.
Contract.
A written agreement may, at the Company's option, be required to
fulfill the provisions of Items 2, 14 and/or 16 of the Terms and
Conditions of Service.
Special Terms and Conditions.
This tariff is subject to the Company's Terms and Conditions of
Service.
This tariff is also available to customers having other sources of
energy supply, but who desire to purchase standby or back-up electric
service from the Company. Where such conditions exist the customer
shall contract for the maximum amount of demand in KW which the
Company might be required to furnish, but not less than 5 KW. The
Company shall not be obligated to supply demands in excess of that
contracted for. In the event that the customer's actual demand, as
determined by demand meter or indicator, in any month exceeds the
amount of the then existing contract demand, the contract demand shall
be increased automatically to the maximum demand so created by the
customer . Where service is supplied under the provisions of this
paragraph, the billing demand each month shall be 5 KW or the contract
demand, whichever is greater, and the minimum charge shall be as set
forth under paragraph "Minimum Charge" above.
Customers with cogeneration and/or small power production
facilities may also take service under EXPERIMENTAL SCHEDULE COGEN/SPP
or by special agreement with the Company.
(Cont'd on Sheet Ho. 6B)
Approved by ths PuWte Ssrvlc*
Commission of Indiano in
CouM No. 37457
Issued by
William A. Block, President
Fort Woyne, Indiana
Issirt December 3 , 198 4
EFf EOT IV£ ON THE DATE Of
CuMHfcftCIAL OPERATION uF PUCKPOBF 1
SAID COHHERCIAL CJPtPAriCN DAft 10
et ctRiiFieo by cumpanv L,rnctR
^■'.0 fURNISHEU TU THE CuMMISSICN
CN THE MUST AVAILABLE JUilNESS
OAV lili OH FULLGWING CUHHEHXIAL
DATE
First Revised Sheet No. 6B
Cancels Original Sheet No, 6B
INDIANA I. MICHIGAN ELECTRIC COMPANY P. S.C.I. No. E-13
STATE OF INDIANA
TARIFF M.G.S.
(Medium General Service)
(Cont'd from Sheet No. 6A) ~~ '
Load Management Time-of-Day Provision .
Available to customers who use energy storage or othci' load
management devices with time-dif f erentiatcd load characteristics
approved by the Company, such as electric thermal storage
space-heating furnaces and water heaters which consume electrical
energy only during off-pea]< hours specified by the Company and store
energy for use during on-pea)t hours.
Customers eligible to be served under this provision shall have the
load management devices separately metered by a time-o£^day meter.
Monthly Rate.
Service Charge: S7.00 per customer per month
Energy Charge: 9.140C per KWH for all KWH consumed on-pea)t
2.590C per KWH for all KWH consumed off-peal<
For the purpose of this provision, the on-pea)i billing period is
fhri'^^H I = 1° '^i"^' f"-^ weekdays mondly
Ta l-t, II V^-. I"^ "°"-Peak" billing period is defined as 10:00 PM
to 7:00 AH local time, for all weekdays and the entire 48 hours
during weekends (Saturday and Sunday). nours
The customer shall be responsible for all local facilities required
to take service under this provision. unities required
Approved by the Public Service
Commiiiion of Indiena In
CauiaND. 37457
liiued by
Wmi.m A. Blich, Pf.ild.nt
Fori Wiynt, Indiini
luut. December 3, 1984
Effective: Deci-mber 10, 198
3i
69
INDIANA & MICHIGAN ELECTRIC COMPANY
STATE OF INDIANA
TARIFF W.S.S.
(Water and Sewage Service)
First Revised Sheet No. 12
Cancels Original Sheet No. 12
P. S.C.I. No. E-13
Availability of Service.
Available for the supply of electric energy to waterworks systems
and sewage disposal systems. Customer shall contract with the Company
for a reservation of capacity in KVA sufficient to meet the maximum
load which the Company may be required to furnish.
Energy Charge.
For secondary service 4 .807C per KWH
For primary service 3.635* per KWH
Service Charge.
For secondary service S 23.65 per customer
per month
For primary service S 39.90 per customer
per month
Delayed Payment Charge.
All bills under this schedule shall be rendered and due monthly.
If not paid within seventeen (17) days after the bill is mailed, there
shall be added to bills of S3. 00 or less, ten percent (10%) of the
amount of the bill; and to bills in excess of 53.00 there shall be
added ten percent (10%) of the first S3. 00, plus three percent |3%) of
the amount of the bill in excess of 53.00. Any governmental agency
shall be allowed such additional period of time for payment of the net
bill as the agency's normal fiscal operations require, not to exceed
30 days.
Minimum Charge.
The above rate is subject to a minimum monthly charge of S3. 07 per
KVA of contract capacity plus the monthly service charge.
Fuel Cost Adjustment.
This rate is subject to the Company's fuel cost adjustment,
determined in accordance with the provisions of Item Number 22 of the
Terms and Conditions of Service.
Terms of Contract.
Contracts under this tariff will be made for an initial period of
not less than 1 year and shall remain in effect thereafter until
either party shall give at least 6 months written notice to the other
of the intention to discontinue service under the terms of this
tariff. Where new Company facilities are required, the Company
reserves the right to require initial contracts for periods greater
than 1 year.
Special Terms and Conditions.
This tariff is subject to the Company's Terms and Conditions of
Service .
(Cont'd on Sheet No. I2A)
Approved by the Public Service
Commiiipon ol Indiana in
Cauja No. 37457
Itiuad by
WlllUm A. BUck. Preildant
Fort Wayn*. Indiana
luuat December 3, 1984
EtfactJ«: December 10. 1935
70
HX
STREET LIGHTING RESOLUTION
No. # 181-86
Street Lighting Maintenance
and Unit Price Contract
Resolved by the Board of Public Works and Safety of the City of Fort
Wayne, Indiana, that it is deemed necessary to obtain bids for the
maintenance of and new construction on the municipally owned street
_^ighting system of the said City and such work Is now ordered.
Adopted this_
day of_
1986.
Board rff Public Works &/6afety
David J. KiestKr, Director
Public Works
Cosette R. Simon, Director
Finance and Administration
LawJence D. Consalvos, Director
Public Safety
Attest ;
Helen Gochenour, Clerk
HT
EMERGENCY RESOLUTION NO. 76-78-1
IfflEREAS, a pavement blow-up occurred in the 5200 block of North
Clinton Street; and
WHEREAS, Street Engineering Department determined an emergency
existed for immediate barricading and repair to protect the safety and
welfare of motorists; and
IfflEREAS, an Emergency Purchase Order No. A-53750 was issued by
the Purchasing Department to Three Rivers Barricade and Equipment Co.
for barricades; and
WHEREAS, Street Engineering received bids from Tomco Construction
in the amount of $3,918.00, John Dehner , Inc. in the amount of $4,300.00,
Hipskind Concrete (did not call back till 11:00 a.m.) and Mergy Construction
Co., Inc. in the amount of $3,315.25
NOW, THEREFORE the Board of Public Works 5. Safety hereby declares
an Emergency exists to repair said pavement and the Purchasing Department
has issued a purchase order to Mergy Construction Co., Inc. for the
lowest bid in the amount of $3,315.25. The P.O. Number is A-53751.
Adopted this date:
CITY OF FORT WAYNE
BOARD OF PUBLIC WORKS 6, SAFETY
ATTEST:
Helen V. Gochenour, Clerk
IMPROVEMENT RESOLUTION
FOR STREET OR ALLEY
No. 6050-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF FORT WAYNE, INDIANA,
That it is deemed necessary to improve Hurshtown Reservoir as a recreation facility.
Phase I facilities will include an entry gate and road network, parking facilities, a
boat ramp surface and launch area. A multi-Purpose building with a telephone, chemical
toilets electrical outlets, and a drinking water supply. The reservoir will be further
enhanced by docking facilities, row boats/canoes and related supplies, picnic tables
and grills, benches, security lighting and tree planting. The proposed work will be
all in accordance with the plans, profile, detail-drawing and specifications on file
in the office of the Department of Public Works of said City; and such improvement is
now orderd.
It is hereby found by said Board of Public Works that all benefits accruing hereunder
will be to the general public of the City of Fort Wayne and that no special benefits
will accrue to any property owner adjoining said improvement or otherwise assessable
under said improvement. The cost of said improvement shall be paid from monies ap-
propriated f rom_
the Water Utility
72
hi
EMERGENCY
IMPROVEMENT RESOLUTION
For Street or Alley
No. 6051-86
RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF FORT WAYNE INDIANA, That It
is deemed necessary to improve South Clinton Street from Leith Street to Wildwood
Avenue by constructing new curbface walk, driveway/alley approaches, Jersey Barrier
and all related work required, all in accordance with the profile, detail-drawing
and specifications on file in the office of the Department of Public Works of said
City; and such improvement is now ordered.
The Indiana Department of Highways has contracted to resurface Clinton Street from
Northrop to Lafayette Street. The project is scheduled to start on Monday July 21,
1986. Therefore, the above described work must be completed by July 21, 1986 and/or
coordinated in such manner as to not interfere or cause delay to the Indiana Depart-
ment of Highway Project.
It is hereby found by said Board of Public Works that all benefits accruing here-
under will be to the general public of the City of Fort Wayne and that no special
benefits will accrue to any property owner adjoining said improvemet or otherwise
assessable under said improvement. The cost of said improvement shall be paid
from monies appropriated from jTud/l^ /"W-A^'' ^ J^^y(~7Cu~^AJ
74
WATER MAIN IMPROVEMENT RESOLUTION
NO.
1036 - 19 86
RESOLVED BY THE BOAKD OF PUBLIC WORKS OF THE CITY OF FORT WAYNE, STATE
OF INDIANA, That the construction of a system of water mains, intended and
adopted for local use by the property holders in the tract to be improved
and also the requirements of other real estate to be served with extensions
be and the same is hereby ordered in and along
LODWIG PARK DRIVE, from the east property line of Lot 45, eastward
to the west property line of Lot 35, Ludwlg Park Addition.
Said water main, with all its appurtenances, shall be constructed in accor
dance with the plans and specifications now on file in the office of the
Department of Public Works of said City.
The cost of said improvement shall be apportioned against and paid by the
property holders benefited, and upon the City of Fort Wayne, Indiana, if
the City is benefited by said improvement, all according to the method and
manner provided for in the Acts of the General Assembly of the State of
Indiana, Indiana Code, Title 36, Act 36-9-19-32 and Acts 36-9-20-1 thru
36-9-20-19 effective September 1, 1981, and the provisions of all Acts
amendatory thereto and supplemental thereof.
Assessments, if deferred, are to be paid in ten equal annual installments
with interest at the rate set by Board of Public Works, per annum, and shall
be financed by the Barrett Law Revolving Improvement Fund as provided for
in the above entitled acts. All proceedings and any work done in said
water main improvement, assessment of property, collection of assessments
and issuance of bonds, therefore, shall be as provided for in said above
entitled acts and all amendments thereto and supplemental thereof.
75
l-isc 7<' 70-79
hi
RESOLUTIONS OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, the Board of Public Works and Safety of
the City of Fort Wayne, Indiana, and hereby resolves as follows:
BE IT RESOLVED, that approval and authority is hereby
given for the City to enter into an Easement Agreement with
Irene S. Freistrof f er , d/b/a, Henry's Restaurant;
BE IT RESOLVED, that the annexed Easement Agreement
is approved in all respects; and
BE IT FURTHER RESOLVED, that the Board members are
hereby empowered and authorized to execute the annexed easement
agreement .
IN WITNESS WHEREOF, the above Resolutions have been
passed this /S >^ay of V7^-^J^ y , 1986 .
ATTEST:
Helen V. Gochenour, Clerk
BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
David J. Kiester, Director of
Public Works
Lawrence D. Consalvos, Director of
Public Safety
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, made and entered into
this / E ^ay of C\^4<g-^ ' 1986, by and between the CITY
OF FORT WAYNE, INDIANA, by and through its Board of Public Works
and Safety ("Grantor") and IRENE S. FREISTROFFER, d/b/a, HENRY'S
RESTAURANT ("Grantee").
WITNESSETH:
WHEREAS, Grantee presently owns, maintains, and
operates the business establishment known as Henry's Restaurant
located at the corner of Main and Fulton Streets, Fort Wayne,
Indiana, and commonly referred to as 536 West Main Street, Fort
Wayne, Indiana;
WHEREAS, immediately west of and adjacent to
Grantee's property the Grantor owns a right-of-way which was
originally used for sidewalk and other pedestrian purposes;
WHEREAS, the Grantee has, for quite some time,
maintained such right-of-way property to and for the benefit
of the Grantor;
WHEREAS, the Grantee is desirous of acquiring
an easement from the Grantor upon and over such right-of-way so
that the Grantee can further maintain such right-of-way and
utilize such right-of-way for parking for the benefit of the
customers of Grantee;
WHEREAS, the right-of-way and the use of the
right-of-way for parking purposes would not interfere with
pedestrian or vehicular traffic.
NOW, THEREFORE, for good and valuable consideration,
it is agreed as follows:
1. Grantor does hereby grant and convey unto
the Grantee an easement upon and over the Grantor's right-of-way
immediately west of the Grantee's property and described as
follows:
- 2 -
Beginning at the existing southeast
curb line of Fulton Street where it
intersects with Main Street and running
north along such curb line 87.22 feet
and thence east 17 feet and thence
south 87.22 feet along the existing
wall of Grantee's property and thence
west 17 feet to the point of beginning.
Such easement is granted by the Grantor to the
Grantee for purposes of authorizing the Grantee to utilize
such real estate for parking purposes.
2. Grantee's use and enjoyment of the property
and this easement shall be subject to any and all existing
easements, including utility easements, and is further subject
to any future easements that may be required.
3. During the term of the easement,
the Grantee shall be responsible for and shall maintain the
property in good and sightly fashion. The Grantee shall indemnify
and hold harmless the City from and against any liability of any
kind or character with respect to the use or maintenance, such
indemnification shall be with attorney's fees. Any injury or
damage that results from the use or operation or maintenance of
the easement or any such injury or damage that occurs thereon shall
be the sole and exclusive responsibility of the Grantee. The Grantee
shall present to the Grantor proof of insurance providing for such
liability coverage in a form and in amounts deemed satisfactory
by the Grantor.
4. The Grantee's use and operation and maintenance
of the easement shall conform with all laws, rules, regulations,
and ordinances.
5. The granting of the easement shall in no way
limit the Grantor's or other utility companies' right to access
upon, under, over, or through such property.
6. This easement shall continue in full force and
effect until otherwise terminated by the Grantor.
7. This easement and the obligations, covenants,
responsibilities, and rights hereunder shall be binding upon the
parties hereto, their heirs, successors, and assigns.
- 3 -
IN WITNESS WHEREOF, this document has been signed
the day, month, and year first above written.
GRANTOR: GRANTEE:
BOARD OF P0BLIC WORKS A_WD SAFETY
BY:
BY:
BY:
David J. Kiester
Boai>d of Public JSoi^ks
IRENE S. FREISfROFFER
Lawrence D. Consalvos
Director of Public Safety
77
MARTIN LUTHER DRIVE SANITARY SEWER EXTENSION ^/c /
RESOLUTION 902-1986 (^^C
1
RESOLVED by the Board of Public Works & Safety that it is dep ^
to iinprove the Martin Luther Drive area by the construction of ^1 . """sary
in the following described area: sanitary sewers
Bounded on the South by the North right-of-way line of ,
Center Road; on the East by the St. Joe River; on the Nor^h
a line 800± LF North of and parallel to the Korth rVt^f-w/'
line of St. Joe Center Road and on the West by a line 125± ,r
"ther^Drir. '''''''' " right-of-way" line ":f ^^^ttin
SANITARY SEVERS
The construction of a main sewer which from its size and rh.
IS not only intended and adapted for use by property ho'L
whose property abuts the line of said sewer but is alVn .''"""^
and adapted for receiving sewage fro. collateral drains '
constructed or which hereafter ,.ay be constructed be
sa.e is hereby ordered in and along\he f oUrJin;"descr:be?'se:e:
Main Line:
a':d^ 225"/LF\a?t rf'^ht"' T''^' North
Drive and St Joe center Rord Th ^"'^"""^ °f «-«n Luther
propos . sanitary 1217
L^e%r=L^ ^o^LnitS^^ clt—
And said improvements with all appurtenances <;h^11 K
witn the plans, profiles and specmcatio„' constructed in accordance
of the Board of Public Works & Safety of s.^d Cj";" °" ^" Department
The property holders share of said
paid by the said property holders'TeTef^ apportioned against
-cording to the method and maLder proV/e/ f ' improvements all
Assembly of the State of IndTana iZ^ r /" ^"^ °' '^e General
6-9-18-45 and 36-9-21-1 through 36-9-21-18" ff- ''''' 36-9-18-1 through
the provisions of all acts amendatory thereto and ' ^^P'-^" I'Sl and
y cnereto and supplemental thereof.
Assessments, if deferred -re t h
at the rate of nine (9%) ;ercent per'anntm T ''"t' i-'allments with interest
^ ^atety and shall be financed ,:S°T.l^' ^he Board of Publ ic Works
for m the above-entitled acts. " Revolving Funds as provided
All proceedings and any work don»
collection of assessments and issuance' of h'T°"'"'"''' a^essments of property
for in said above -en t it led ac a"? """"^^ ■ "ere fore , shall be as provided
''^"^"f- amendm^ts thereto and supplemental
ADOPTED this ^^3^^
ATTEST :
AP^ROV
""=e u. consalvos , Director
to form and legality.-
Associate
T
AGREEMENT
For
SEWER EXTENSION
THIS AGREEMENT, v.ade in triplicate, this j 'day of June , 1986, by
and between Macke Development Corp., an Indiana Corporation hereinafter
referred to as "OWNER" and the CITY OF FORT WAYNE, INDIANA, by and through its
Board of Public Works & Safety hereinafter referred to as "CITY", WITNESSETH,
THAT:
WHEREAS, the "OWNER" desires to construct a local sanitary sewer described
as follows: See attached Exhibit "A". To be defined on construction permits
for each phase of development.
in accordance with plans, specifications, and profiles heretofore submitted
to and approved by "CITY" and now on file in the Office of the Chief Engineer
of the Water Pollution Control Engineering Department of "CITY" as presented
by Coil & Dickmeyer, Inc., dated April 29, 1986, which plans, specifications,
profiles are by reference incorporated herein and made a part hereof, which
sewer will serve not only land in which the "OWNER" has an interest, but also
anyadjoining land areas, and;
WHEREAS, the cost of construction of sewers within Exhibit "A" is to be paid
by "OWNER", including City Inspection Fees.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
and agreements hereinafter set forth, the parties hereto agree as follows:
1. CONSTRUCTION OF SEWER
"Ot-JNER" shall cause said sewer to be constructed and located in accordance
with said plans, specifications and profiles all approved by "CITY" under
private contract to be let within sixty (60) days after requisite "CITY"
approval .
All work and materials shall be subject to inspection by "CITY" and the
right of "CITY" to halt construction if there shall be noncompliance
therewith. Said sewer shall not be deemed completed and/or permanently
connected into the sewer system of "CITY" until final acceptance by "CITY".
-2-
Upon acceptance by "CITY" said sewer shall become the property of "CITY"
and "CITY" shall accept sewage therefrom subject to such sewage service
charges as may now or hereafter be regularly established by "CITY" and
all further maintenance thereafter shall be borne by "CITY".
2. COST OF CONSTRUCTION
"OWNER" agrees to pay the entire cost and expense of construction of said
sewer, in cash, including "CITY" engineering and inspection fees, and,
to hold "CITY" harmless from any liability for claims connected herewith.
3. AREA OF "OWNER"
Said sewer when accepted by the "CITY" will serve the following described
real estate: See attached Exhibit "A" and Coil & Dickmeyer acreage
assessments assignment.
As "OWNER" will pay for the cost of construction of said sewer as it pertains
no additional costs will accrue or become payable
to the above-described real estate,''for the construction of said sewer
by the present or future owners of said real estate except only as to such
standard tap-in, inspection fees and monthly sewage treatment charges as
are customarily charged by the "CITY" for connecriohs to ^'CITY" sewer mains
and treatment of sewage therefrom.
4. AREA CONNECTION CHARGE (Oversizing, etc., cost of existing sewage works).
An area connection charge of $475.00 per acre has been paid to "CITY"
for 81.22 Acres as shown on Exhibit "A". This area connection charge iS
in addition to improvements on site for which "OWNER" will pay or has
paid.
5 . BOND
This contract is subject to "OWNER" and/or his contractor furnishing a
satisfactory Maintenance Bond for 25°/, of the value of the sewer which shall
guarantee said sewer against defects for a period of one (1) year from the
date of final acceptance of said sewer by "CITY".
6. LIMITATION ON USE
Said sewer shall be constructed for disposal of sanitary sewage only and
neither the parties hereto, their successors, or assigns, or any future
owner of any land serviced by said sewer, shall at any time discharge or
-3-
peruiit to be discharged or to flow into said sanitary sewer, any water
runoff caused by natural precipitation or anything other than sanitary
sewage or contaminated waste in accordance with City Municipal Code.
7. WAIVER OF RIGHT TO REMONSTRATE AGAINST ANNEXATION
"OWNER" for himself, herself, his/her successors in title and assigns,
waives and releases any and all rights which it may now or hereafter have
to remonstrate against or otherwise object to, interfere with or oppose
any pending or future annexation by "CITY" of any territory now or hereafter
owned by him/her as described in Article 3 herein, or hereafter served
by said sewer or any extension thereof.
As furtherconsideration and to induce "CITY" to execute and ratify this
contract, said "OWNER", for himself, herself, his/her successors and assigns,
agree by this contract, to vest in "CITY" the permanent right at its
discretion to annex to the City of Fort Wayne at any future time by duly
authorized ordinance the said real estate described in Article 3 herein.
"OWNER" further agrees that any deeds, contracts, or other instruments of
conveyance made by "OWNER", its successors or assigns transferring or conveying
any interest in and to any of the real estate described in Article 3 herein,
shall contain the waiver and release provisions contained in this article which
provisions shall run with the land and the acceptance of the delivery of any
such instruments from "OWNER" his/her successors and assigns by any grantee,
vendee or contract purchaser, shall be made subject to the terms of this
Agreement and shall constitute an acceptance of the foregoing provisions by
said grantee, vendee, or contract purchaser and their successors in title.
"OWNER" further agrees to record an executed copy of this contract in the Allen
County Recorder's Office within ten (10) days of its adoption and approval
by the Board of Public Works & Safety of the City of Fort Wayne as hereinafter
provided .
Any owner or owners of land which is now, or hereafter located outside the
corporate limits of "CITY" who connect into the sewer constructed hereunder
shall be deemed to thereby waive his/her, their or its right to remonstrate
against or otherwise object to, interfere with or oppose any pending or future
annexation by "CITY" of such land or of the territory in which it is located
-4-
or of the area served by said sewer. (I.C. 36-9-22-2, as added by Acts 1981,
P.L. 309, 395).
IN WITNESS WHEREOF, the parties have subscribed to this Agreement the day and
year first above wirtten.
"OWNER"
MACKE DEVELOPMENT CORP.
Elmer H. Mac'
ke
President
ATTEST :V-^i<2^<J ^A^j/l/^^-UXL-
Helen Gbchenour, Clerk
Approved ASgoERTii c9?VJ',iW^i*y
Win Moses, Jr., Mayor
Board/of Public WorlrS & Safety
David J. Ki^^ter, Director
of^ublic
Stte R. Simon, \Director
of Admin^strationJ& Finance
9) <Q>tyi3v
Lawrence D. Consalvos, Director
of Public Safety
ACKNOWLEDGEMENT
STATE OF INDIANA )
)SS:
COUNTY OF ALLEN )
Before loe , the undersigned, a Notary Public,, in and for said County and State ,^
personally acknowledged ^^J^^U^ ~M , ^^T^^^ ^ g .^rSl^gfRLgCT^^^ ,
who acknowledged the execution of the foregoing Agreement )««)ao*)630<^«6meO<'xx
t>bad!«xK«io«39«9<)m3«)m»a(xlee*)eo«)«*e<x*e©^ for and
on behalf of said corporation and by its auth^ity for^*t(e uses i purposes therein
WITNESS my hand and notarial seal this // ^ day of C^jy^^U 198_6 .COntai ned .
Notary Public^ _ .X^elen U.
Notary Public^ « . — ^.
Resident oir/l-C^j^^ .bounty
Tiochenour
My Commission Expires:
— ^ h(7
Notary public si^,.
ALLEN CO
MT»"M^S10N EXP,„ES JUNE «
IHRU NOTARY asm"
78
ACKNOWLEDGEMENT
STATE OF INDIANA )
)SS:
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public, in and for said County and State
personally appeared Win Moses, Jr., Mayor, David J. Kiester, Cosette R. Simon,
and Lawrence D. Consalvos , as the Board of Public Works and Safety of the City
of Fort Wayne, Indiana, and acknowledged the execution of the foregoing Agreement
as and for their voluntary act and deed for the uses and purposes therein
contained .
WITNESS my hand and notarial seal this AJl— day of '2''-
198
Notary Piltlic
Resident of QUJb--^
County
My Connnission Expires:
This instrument prepared by: William D. Swift, Attorney.
78
COIL & DICKMEYER, INC.
Civil Engineers - Land Surveyors
C. DAVID COIL, P.E., L.S., President
KERRY 0. DICKMEYER. L.S., Vice President
May 9 , 1 934
1986
Mr . C. Dusr,^. Err,bury ^^^^^^^
Ulster Pollution Control ^
4- ^ ,
o-f Fort i/Jsyne, Indians.
L'e r.r Du ana ,
P'aa.sa -find tl-ia -following area c a 1 ou 1 at i ons -for ■:^a PINE UALLEr , lAKE
FINE '..■ALLEY At-JD BURNING TREE ADDITIONS or the !-..or t % s i de o-f Pine Mali ey
Country Club that Macke Dava 1 opmen t Corp. is pra.E.antly developing.
ADDITION BFOSS ACRES - PUBLIC/PARK AC. = i-JET RESIDENTIAL ACRES
P'.- 14th 17.5 3.43 14.07
PV 13th 1 1 .36 3.17 S. IP
Burn: no Tree 44.15 11.00 33.15
Lai-;e PJ,.'. 31. 2S 9.73 21.55
= ' • 5 -. h 14.29 . 10.72 3 .57
Total 80.53
Th i .= includes all the land presently under the -filed Primary Flats -for
this area along Union Chapel Road, Col dwater Road and North o-f Pine
Walley Cou n t r y " CI u b !lth and 12 th Additions.
Respec t-f u 1 1 y submitted
COIL/tv DICKMEYER, INC.
D i cKmeyer , LS
6044 East State Blvd.
Fort Wayne, Indiana 46815
219-749-0125
"CODRTYARDS SANITARY and STOR« SEWER IMPROVEMENT"
Resolution 422-1986
RESOLVED by the Board of Public Works & s.f»^ , ^
Indiana that it is dee.ed necessary to separate the °' "^Vne.
sewer by installing a separate sanitary sewer Ld ! ^'""'inatio;
fouojr: ""^^'^ "^-^ °^ citiUsTitM: .hrTrdVtr™ eT::
Bounded on the North by Wayne Strp»^ k j ^
Street; bounded on th'e Solth b^ shrnTttn 1 T ^^^^-oun
on the West by Webster Street. "^^hington Boulevard and bounded
Sanitary Sbmpt-
p^-J^ ^ -^^:"v°:t^t:;iiL''^r^^°-^'' -
Wayne Streets; thence due North 18W LP to " °' ^-rrison and
over the eKisting Wayne Street Interc^tor " -"^"""l- «t
"^r™ ^" ^^'^"""^ following described centerline
^''rllroTosercirout^trnr'Cth 'T\ 130.
^anhole structure set over^aiT^.X^— e^^St^t fnt^rce^to-
Saxd sanitary sewer shall be 12" i„ diameter.
Storm Sewer S»p,,.._|^
^^l^^"^'^0^\r\r^^^^^^^^^^^ e.isting storm sewer
of Harrison and Wayne Streets- th^n^ . ""^ "nterline intersection
Ixne of said Wayne Street 25(^' lp ^""'"'^ ^^"^^ '"e South curb
thence Southerly along the cutbl.l T?""" "tchbasin structure
of 170± LF to a proposed inlet struck '"\f°" ^ <'i"-ce
at a proposed inlet located ^ ""^'"^^ ^
Une Of Harrison Street within a^ HZl'"^ right-of-way
And said improvement with ^7 1
thereof entitled acts and all ampnrf™ "^"^"e, shall be as provided
'^^"""'^'"^ thereto and supplectntal
ADOPTED this 1 1 n, j
tors 11th day of June 1986.
By
ATTEST :v^^^^^^^\2^ /7 Lawr,
I
IMPROVEMENT RESOLUTION
FOR STREET WIDENING
NO.6049-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve Parnell Avenue (East
Side) from State Blvd. to a point 240 ft. South there of:
a) Widening Pavement
b) Replacing Sidewalk with Curbface Walk
c) Improve Drainage
d) Replacing Driveway and Alley Approach
all in accordance with the profile, details, drawings, and
specifications on file in the office of the Department of Public
Works and Safety of said City; and such improvement is now
ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
. 19 f<i
Secretary and Clerk
80
\/ersion 1: 5/1/85
ESTIMATE OF QUANTITIES
DATE:
6/6/86
PROJ
PARNELL AVE. WIDENING
RES. NO:
6049-86
ITEM
NO.
ITEM
QUANTITY
UNIT 1 UNIT COST
1 ($)
1
AMOUNT
(5)
1.
Common Excavation
122
CY 1
2 .
Concrete Curbface Walk 6" (Include
• 'iil^WdJ. U X\U ill f
1238
SF 1
3 .
Concrete Curb Type II-A
180
LF 1
4 .
Concrete Curb Type III
40
LF 1
5 .
6" Concrete Pavement (Drive)
8
SY 1
6.
8" Concrete Pavement (Alley)
9
SY 1
7 .
Preparing Grade for Asphalt
1
LS 1
8 .
Stone for Drive #73
10
TON 1
9 .
Traffic Control
1
LS 1
10.
Std. Inlets (Complete in Place)
2
EA 1
11 .
Std. C.B. (Complete in Place)
1
EA 1
12 .
Type "A" Casting (Solid)
2
EA 1
13 .
R.C.P. Class III(Incl. Backfill)
30
LF 1
SUBTOTAL: $14,100.50
Eil: $1,410.05
TOTAL: $15,510.55
Sheet 1 of 1
L
II
CITY OF FORT WAYNE
RESOLUTION NO. 76-64-22
REVISION OF SPECIFIED NON-RECURRING CHARGES
Due to the financial loss occurring in the Water Utility on rentote
meter installations and frozen meter charges ^ which loss is caused by
the rise in costs of materials and labor, the Board of Public Works S
Safety deems it necessary to increase installation charges in accordance
with the following schedule:
READOMATICS
Meter Size:
3/4"
1"
1-1/2"
2"
Proposed
Charge
$ 36.00
36.00
39.60
48.00
A one time charge is made to help defray labor costs; unit remains
property of Utility.
FROZEN METER CHARGES
Meter Size:
5/8" s 5/8x3/4" (with remote)
5/8" s 5/8x3/4" (without remote)
1" and over - book less depreciatic
$ 35.00
17. 75
APPROVED AND ADOPTED THIS / j DRY OF
Above charges to become effective
DavJ4 J. Kiest^, Director Public Works
stte Simon, y^irector Admn. s Financ
Lawrence D. Consalvos , Director Public Safety
, 1986.
1986.
w
1-^ 7('(G-/(^
AGREEMENT
day
THIS AGREEMENT made and entered into this
, 1986, by and between the CITY OF FORT
WAY^fE^ INDIANA, by and through its BOARD OF PUBLIC WORKS AND
SAFETY ("City"), and LIGHT 5, BREUNING, REALTORS ("Manager").
NOW THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which, it is hereby agreed as
follows :
1. Manager will manage and operate, in turn-key fashion,
the City's parlcing lot located east of the Historical Museum.
Such management shall occur during the 1986 Three Rivers Festival
on the following days and at times specified:
DAY
DATE
TIME AVAILABLE*
Saturday
July
12
All Day
Sunday
July
13
All Day
Monday
July
14
After 6
00
P
M.
Tuesday
July
15
After 6
00
P
M.
Wednesday
July
16
After 6
00
P
M.
Thursday
July
17
After 6
00
P
M.
Friday
July
18
After 6
00
P
M.
Saturday
July
19
-All Day
Sunday
July
20
All Day
*or such time as designated by the City of Fort Wayne.
2. Manager shall provide the necessary personnel to
properly manage the facility and Manager shall be responsible
to pay all such personnel. It is understood and agreed that
neither Manager nor individuals utilized by Manager hereunder,
shall be deemed to be employees of the City, but rather Manager
is an independent contractor solely responsible for personnel
that it utilizes.
82
3. Manager shall indemnify and hold the City and its
departments, boards and employees, from and against all losses
and liabilities of any kind or character that may occur to person
or property, including but not limited to. Manager, its personnel,
parked vehicles, individuals parking and individuals exiting
or traversing the facility while on foot or in a vehicle, that
results from the management or use of the parking facility during
the management period. Furthermore, Manager shall provide, to
the City, a Certificate of Insurance deemed acceptable and satis-
factory to the City, naming the City as an additional insured
and in a minimum amount of Five Hundred Thousand Dollars ($500,000.00).
4. All vehicles will be clear of the facility by 5:30
A.M. and Manager will cause all trash and debris to be removed
therefrom, by 6:00 A.M. each morning and shall cause all trash
and debris to be removed from the facility at the end of the
last parking day.
5. Manager shall keep proper records demonstrating
all parking monies and fees collected by it during the management
of the facility and shall, upon completion of the management
of the facility, remit to the City fifty percent (50%) of all
such proceeds and gross fees as so collected and received by
Manager. The remaining fifty percent (50%) shall be kept by
Manager as its total compensation hereunder. Manager shall be
responsible to pay all of its bills and shall be responsible
for any taxes as a result of compensation received by Manager
hereunder.
- 2 -
IN WITNESS WHEREOF, this Agreement has been signed
the day, month and year first above written.
CITY OF FORT WAYNE, INDIANA, by its
BOARD OF RUBLIC WORKS AND SAFETY
David J. Kilter, Director of
Public Works
BY:
BY
Cosette R. Simon, Director of
Administration & Finance
Law|:ence D. Consalvos, Director
of
Public Safety
LIGHT & BREUNING, REALTORS
BY; t^^^ ^<y-
Tim W. Breuning
82
82
RESOLUTIONS OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, the Board of Public Works and Safety of
the City of Fort Wayne, Indiana, and hereby resolves as follows:
BE IT RESOLVED, that approval and authority is hereby
given for the City to enter into an agreement with Tim W. Breuning,
DBA Light & Breuning, relative to the managing of parking facilities
during the Three Rivers Festival;
BE IT RESOLVED, that the annexed agreement is approved
in all respects;
BE IT RESOLVED, that an emergency exists that requires
the execution of the contract at this time so that the functions
of the Three Rivers Festival and the safety of the public are
not jeopardized; and
BE IT FURTHER RESOLVED, that the Board members are
hereby empowered and authorized to sign the annexed agreement.
IN WITNESS WHEREOF, the above Resolutions have been
passed this / j ^day of ^ p _ J 1986 .
BOARD OF PUBLIC WORKS AND SAFETY
David J. Kiester, Director of
Public Works
EMERGENCY RESOLUTION
NO- 76-60-
17
WHEREAS, a pave.en. 6Io„-up occurred „es.6o.nd Xane o.
Illinois Road at Getz Road; and
s.™.. •
and welfare of motorists; and
WHEREAS, an Emergency Purchase Order No A-47753
„ " ™^ issued by
the Purchasing Department to Three Rivers Barricade . E •
" 'he amount of 53,000.00, John Dehner, Inc in the
Hipskind concrete in the ^" ~ of .840.00,
" -r,y construction i„
the amount of $1,760.00
Department to issn^ . „ u '-"asmg
'° construction Co., :.c for
lowest hid in the amount of $l,,e0.00
Adopted this date: ^ ^
CITY OF FORT WAYNE
BOARD OE/JuBHC WORKS i SAFETY
Consalvos
ATTEST:
Easement #35833
EASEMENT FOR OAS MAINS NO INDIANA GROSS INCOME TAX IS DUE OR ij
Fomi 820-lC PAYABLE AS A RESULT OF THIS CONVEYANCE. i!^
Rev. 2-61
Know All Men. That
THE CITY OF FORT MAYNE IN ALLEN COUNTY, INDIANA
herein called the "grantors", in consideration of the sum of one dollar ($1.00) and other valuable considerations in hand
paid to the grantors, hereby grant to Northern Indiana Public Service Company, an Indiana corporation, and to its
successors and assigns, a right-of-way to lay, install, maintain, operate, repair, replace and renew gas mains and a line
or lines of pipe for the transportation and distribution of gas to the public in general, with all necessary and convenient
equipment, facilities, service pipes, lines and connections therefor, and to operate by means thereof a system for such
transportation and distribution of gas, to be used for light, heat, power and other purposes, in, upon, along and over a
strip of land situated in Section 1.9 , Township 31 North, Range 13. .E ol the Second Principal
Meridian, in the county of .A?:-!-.?.^ , Slate of Indiana, described as follows:
A strip of land situated in the South Half (Sh) of said Section 19, said
strip of land being 50 feet wide and lying 25 feet wide each side of
centerline, and said centerline produced, said centerline being described
as follows:
Beginning at the Northeast corner of the South Half (Sh) of the Southeast N"
Quarter (SEk,) of said Section 19; thence South 90° West along the North ^-
line of the South Half (S'^) of the Southeast Quarter (SEk) of said Section V
19 a distance of 2601.1 feet to a point; thence South 27 -07' West a ^ en
distance of 986 feet to the TRUE POINT OF BEGINNING of this description, ^ ~
said point being Point J; thence North 82°-31' West a distance of 272 feet
more or less to a point on the Easterly edge of the St. Joseph River, said
point being Point K.
ALSO:
an
CD
a 150' wide temporary easement lying on the Northerly side of and adjacent
to that part of the above described permanent easement lying between points
J and K.
The temporary easement shall expire upon completion of 12" gas main.
Access to the above described strip of land over the adjoining lands of the grantors is hereby granted. Any pipe line,
or lines, shall, at the time of the construction thereof, be buried to such depth as shall not interfere with the cultivation of
said premises. Grantee shall replace in a good and workmanlike manner all tile cut in the construction of its line or lines
hereunder. Any damage to the crops, fences, or improvements of the grantors on said strip of land, or on the lands of the
grantors adjoining said strip of land, done by tlie grantee in the installation, maintenance, operation, repair, replacement or
renewal of said line or lines of pipe and the equipment and facilities connected therewith, shall be promptly paid for by
the grantee. The grantee may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so
far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said line
or lines of pipe and the equipment and facilities connected therewith. Patrolling said line or lines of pipe on foot shall not
constitute grounds for a claim for crop damage.
The grantors reserve the use of said strip of land not inconsistent herewith, but no buildings or structures shall be
erected or placed on said strip of land by grantors.
The rights herein granted may be assigned in whole or in part.
Tlic grantee shall and will indemnify and save the grantors harmless from and against any and all damage, in-
juiies, losses, claims, demands or costs proximately caused by the fault, culpability, or negligence of the grantee in the
installation, maintenance, operation, repair, replacement or renewal of said line or lines of pipe, and the equipment and
facilities connected therewith, over and across said strip of land.
The undersigned grantors hereby covenant that they are the owners in fee simple of said strip of land, are
lawfully seized thereof, and have good right to grant and convey said easement herein, and guarantee the quiet possession
thereof, th^t the said strip of land is free from all encumbrances, and that the grantors will warrant and defend the title to
, said^^eaSement against all lawful claims.
1 > tLV ^bese ^jresents shall be binding on the heirs, executors, administrators, grantees and assigns of the grantors, and
Upti^'^e.)^^antee^ its successors and assigns. , . j
K ^^' INj.'WJI^ESS^ Whereof, the grantors have duly executed this instrument this /^r:r. day of
' ' ^ ' ^ DUIY ENTERED FOR TAXATION
(SEAL) (SEAL)
JUL 2 5 1986
..(SEAL)
.Oi.'t).' .CcKNCe^Lo^...
(SEAL)
AUDITOR 0^ ALLEN diOUffTV
..(SEAL)
..(SEAL)
-._i_T^v^i^..
Lawrence D. Consolvas
In consideration ot one dollar ($1.00), tlie undersigned hereby adopts and joins in the execution of the above and
foregoing easement and consents to the enjoyment by grantee therein of the rights granted by said easement.
THIS INSTRUMENT PREPARED BY:
RAYMOND D. COLE
NORTHERN INDIANA PUBLIC SERVICE COMPANY
..(SEAL) -^1
84
STATE OF INDIANA
COUNTY OF .
SS.
PersonaUy appeared before^e the undersigned, a Notary Public in and for said coynty and state
2^^...
who acknowledged the execution of the foregoing instrument to be i voluntary act and dei
WITNESS my hand and notarial seal this day oi \\i:d.:t!L:^.
/ , . "°™y puocic 'ii^.i: or iiiDiANA
A - CnZJ "1 "-LEtl CO.
My Commission expires ...}L\ tJS^.S:^. I. coMMi-^t^torj rxnnrs june 22 mo^otary Public
I ISSUED THHU INDIAFM HOrABy Aj'sOC-
STATE OF INDIANA
SS.
(
COUNTY OF - \
Personally appeared before me the undersigned, a Notary Public in and for said county and state
who acknowledged the execution of the foregoing instrument to be voluntary act and deed
WITNESS my hand and notarial seal this day of , 19
(seal;
My Commission expires — Notary Public
STATE OF INDIANA 1
f SS.
COUNTY OF )
BE IT REMEMBERED that on this day of , A.D., 19 , before me, a
Notary Public in and for the county and state aforesaid, personally appeared
President and , Secretary, respective-
ly of and each acknowledged
the execution of the above and foregoing instrument in behalf of said corporation as the voluntary act and deed of said
corporation and of said officials for said corporation, for the uses and purposes set forth.
WITNESS my hand notarial seal tlie day and year first above written.
(SEAL)
My Commission expires Notary Public
I
<
o
z
lU
%
ui
<
o
H
3 o
6 "
EASEMENT TOR OAS MAINS
Form 820-lC
Rev. 2-61
Easement #35893-A
86-026617
NO INDIANA GROSS INCOME TAX IS DUE H± 'J^-^O'''^
OR PAYABLE AS A RESULT OF THIS ^///c C
CONVEYANCE. °
Know All Men, That
THE CITY OF FORT WAYNE IN ALLEN COUNTY, INDIANA
herein ealled the "grantors", in consideration of the sum of one dollar ($1.00) and other valuable eons.derations m hand
ca d "o the grantors' hereby grant to Northern Indiana Public Service Company, an Indiana corporation, and to .ts
su cesls and assigns, a right of-way to lay. install, maintain, operate, repair, replace and renew gas mams and a hne
o^lTnes of pipe Jor th^ transportation and distribution of gas to the public m general, w.th al necessary and eonvement
equipment facilities, service pipes, lines and connections therefor, and to operate by means thereof a system for such
transportation and distribution of gas, to be used for light, heat, power and other purposes, m, upon, along and over a
strip of land situated in
Section ...1.9. , Township .3.1 North, Range 13...E of the Second Principal
AJ,l.ein , Slate of Indiana, described as follows:
Meridian, in the county of
A strip of land situated in the South Half (Sh) of said Section 19, said strip of land
being 50 feet wide and lying 25 feet wide each side of centerline, and said centerline
produced, said centerline being described as follows:
Beginning at the Southwest comer of the said Section 19; thence North along the West line
of said Section 19 a distance of 488 feet to the Easterly line of the (old) Indiana
Service Corporation property; thence Northeasterly along the Easterly line of said ^old)
Indiana Service Corporation property a distance 84 feet to a point; thence South 82 -31'
East a distance of 852 feet to a point, said point being the Southwest corner of the 17.91
acre tract described in Declaratory Resolution No. 660; thence North 10 -29' East along
the Westerly line of said 17.91 acre tract a distance of 25 feet to the TRUE POINT OF
BEGINNING of this description, said point being Point M; thence South 82 -31' East a
distance of 146 feet more or less to a point on the Westerly edge of the St. Joseph ^l^ver,
said point being Point L. -
ALSO:
A 150' wide temporary easement lying on the Northerly side of and adjacent to that
of the above described permanent easement lying between points L & M.
Temporary easement shall expire upon completion of 12" gas main project.
f
Access to the above described strip of land over the adjoining lands of the grantors is hereby granted. Any pipe line,
or lines, shall, at the time of the construction thereof, be buried to such depth as shall not interfere with the cultivation of
said premises. Grantee shall replace in a good and workmanlike manner all tile cut in the construction of its line or lines
hereunder. Any damage to the crops, fences, or improvements of the grantors on said strip of land, or on the lands of the
gr.mtors adjoining said .strip of land, done by the grantee in the installation, maintenance, operation, repair, replacement or
renewal of said line or lines of pipe and the equipment and facilities connected therewith, shall be promptly paid for by
the grantee. The grantee may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so
far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement or renewal of said line
or lines of pipe and the equipment and facilities connected therewith. Patrolling said lino or lines of pipe on foot shall not
constitute grounds for a claim for crop damage.
The grantors reserve the use of said strip of land not inconsistent herewith, but no buildings or structures shall be
erected or placed on said strip of land by grantors.
Tlie rights herein granted may be assigned in whole or in part.
The grantee shall and will indemnify and save the grantors harmless from and against any and all damage, in-
juiies, losses, claims, demands or costs proximately caused by the fault, culpability, or neg|igence of the grantee in the
installation, maintenance, operation, repair, replacement or renewal of said line or lines of pipe, and the equipment and
facilities connected therewith, over and across said strip of land.
The undersigned grantors hereby covenant that they are the owners in fee simple of said strip of land, are
lawfully seized thereof, and have good right to grant and convey said easement herein, and guarantee the quiet possession
thereof, that the said strip of land is free from all encumbrances, and that the grantors wiU warrant and defend the title to
said easement against all lawful claims.
These presents shall be binding on the heirs, executors, administrators, grantees and assigns of the grantors, and
upon the grantee, its successors a^^ assigns.
z7 >i
Jhe grantors have duly executed this instrument this Zf^....^.. day of
AD 19 Jy^'
DULY ENTERED FOrfAXAIlON
(SEAL)
JDL 25 1986
lijf (SEAL) (SEAL)
>.Ut;%. G>^^y^ (SEAL, M^j-S^eJ^
fWEenee.D. Consolvas AUDITOR OEfAtLERTOUNTY
forigoinl'M'S'mll'"?^ °' °"! Ttl '""*'="'e"<='' hereby adopts and joins in the execution of the above and
forcgomg tfcement and consents to the enjoyment by grantee therein of the rights granted by said easement
THIS INSfRUMENT PREPARED BY:
RAYMOND D. COLE
NORTHERN INDIANA PUBLIC SERVICE COMPANY ^ b''
CI
CO
STATE OF INDIANA
COUNTY OF
[ANA j
QiUA^.. i
Personally appeared before me the undersigned, a Notary PubUc in and for said county mi stat*
who acknowledged the executicth of the foregoing instrument to be Z^LE//^ voluntary act and deed.
WITNESS my hand and notarial seal this ..•^r....?day of ...^::^^/.,.:}A:&..^^.. , wH..^^
\-^^U^U-(^-'- .>^.:^l^Uiti.-r:r:?::i^<^LsEAL)
IIOIAI!/ IMIIII u: llJI'lAtJA
My Commission expires k..^..:S^:^.::..A....l rmm\'.-vmf"-my. jimr n. v"si Notary Public
tS'^'JLD IHIJU irlUI/iNA NUIAItr A;i^UC.
STATE OF INDIANA
COUNTY OF
Personally appeared before me the undersigned, a Notary Public in and for said county and stale
I SS.
who acknowledged the execution of the foregoing instrument to be voluntary act and deed.
WITNESS my hand and notarial seal this day of , 19
..(SEAL)
My Commission expires — Notary Public
STATE OF INDIANA
COUNTY OF
SS.
BE IT REMEMBERED that on this day of , A.D., 19 before me, a
Notary Public in and for the county and state aforesaid, personally appeared
President and , Secretary, respective-
ly of and each acknowledged
the execution of the above and foregoing instrument in behalf of said corporation as the voluntary act and deed of said
corporation and of said officials for said corporation, for the uses and purposes set forth.
WITNESS my hand notarial seal tiie dsy and year first above written.
..(SEAL)
My Corrmiission expires
Notary Public
86
WATER POLLUTION CONTROL TREATMENT
AGREEMENT BETWEEN
THE CITY OF FORT WAYNE, INDIANA
AND 86-024348
ALLEN COUNTY REGIONAL SEWER DISTRICT
THIS AGREEMENT (hereinafter referred to as "Agreement") entered
into this ^^7^^ day of CV-^-t.^g^ , 198^, by and between the
CITY OF FORT WAYNE, INDIANA 'f^a municipal corporation of the State of A ^ _
Indiana (hereinafter referred to as "Contractor"), and ALLEN COUNT'S^ ? ^
REGIONAL SEWER DISTRICT, a sewer district established under the la^^s t. Z
of the State of Indiana (hereinafter referred to as "Contractee") S -o
WITNESSETH THAT: \ | ^
WHEREAS, Contractee is installing a sewage accumulation system in
and around the village of Areola in the County of Allen (hereinafter
referred to as "Areola System") ; and
WHEREAS, Contractee does not have a sewage treatment plant wit|h
the capacity and/or capability to adequately treat and dispose of the
sewage from said Areola System; and
WHEREAS, Contractor has a sewage treatment plant with capacity '' ,
available for the treatment of sewage accumulated in the Areola System;
and
WHEREAS, Contractor has heretofore adopted, and may hereafter
from time to time adopt amendments to an Ordinance and regulations
pertaining to the discharge of waste, sewage, and other materials
into its sewage treatment plant, facilities, and lines; and
WHEREAS, Contractee is desirous of discharging waste sewage into
the Contractor's system for treatment subject to full compliance by
itself and all of its customers with the terms and provisions of said
existing Ordinance and regulations of Contractor as well as all
amendments thereto as Contractor may adopt or make hereafter; and
WHEREAS, Contractor is agreeable to contracting with Contractee
receiving and treating such sewage and waste only upon and subject to
Contractee 's and each of its customers full compliance with the terms
and provisions of said ordinance, regulations and amendments;
NOW, THEREFORE, Contractor agrees to provide Contractee with
sewage treatment and disposal service through Contractee 's connection
with the Fort Wayne sewer system for treatment and disposal of the
(^^^^y sewage accumulated through the Areola System pursuant to the following
terms and conditions:
1. Effective Date. It is understood and agreed between the
parties that this contract shall become effective after its execution
and approval by the Board of Public Works and Common Council of the
City of Fort Wayne and by the Board of Trustees of Contractee and any
courts having jurisdiction over acts of said Board. It is also
understood and agreed that this Agreement is also subject to the
approval of the Indiana Stream Pollution Control Board, the Indiana
Board of Health, and any other Federal or State regulatory agency as
may be required by law.
2. Term of Agreement . This Agreement shall continue in full
force and effect for twenty (20) consecutive years from the first date
of connection or rendering of service hereunder.
This Agreement shall continue in full force and effect for an
indeterminate number of five (5) year terms after the initial term
unless one of the parties hereto shall notify the other party in
writing at least three (3) years prior to the expiration of the
original term, or any additional five (5) year term, of its desire
not to continue the Agreement . In the event that there has been a
change in physical conditions or rates applicable within the three
(3) year period prior to the expiration of the original term or any
additional five (5) year term, then the terms and conditions of any
renewal hereunder shall be renegotiated in order to reflect the effect
of such changes and the terms and conditions of this Agreement.
3. Interconnection . Contractee shall bear responsibility
and expense for connecting the Areola System with a sanitary
interceptor line which is presently a part of Fort Wayne's sewer
system at a point specified on Exhibit "A" attached, hereinafter
designated as "Tap-In-Point" . f r ['..ijf ' . ■
The purpose of the tap-in of the Areola System to the sanitary
interceptor line shall be to transport the sewage from the Areola
System to the Fort Wayne sewer system for treatment. Contractee
shall prepare, provide and construct, at its expense, the following:
A. Engineering plans and specifications for the force main,
pumping stations, measuring devices and/or appurtenances to connect
the Areola System with the present Fort Wayne system at the metering
and tap-in points, with copies of such plans and specifications to
be given to the City of Fort Wayne at least two (2) weeks before ^
the same are submitted for approval to the Indiana Stream Pollution
Control Board and the Indiana Board of Health in order to allow
Fort Wayne to review and make written comment with respect to
said submissions.
It is expressly understood and agreed by and between the parties
that all costs of the tap-In, including the planning, inspection and
construction of any transporting line to said tap-in point shall
be borne exclusively by Contractee.
All tap-ins, all plans and specifications, all engineering
and work to be performed by Contractee shall be subject to the
prior written approval of Contractor.
4 . Acceptance and Treatment of Sewage.
A. Responsibility for Delivery and Transportation. Contractee
shall be solely responsible for delivery of the sewage material to
the metering point and/or tap-in point in a form suitable for passage
through the Fort Wayne sewer line system. The metering point and tap
in point are located as shown on Exhibit "A". i < ....
B. Treatment. Contractor shall be solely responsible for the
proper treatment, transportation and disposal of the sewage materials
received from Contractee in accordance with the requirements and
standards of the Indiana Stream Pollution Board, Indiana State Board
of Health, the United States Environmental Protection Agency, and any
and all other regulatory State and Federal agencies .
C. Sewage Materials Acceptable. Contractee shall comply in
every regard where applicable with Chapter 24 of the Code of the City
of Fort Wayne, Indiana of 1977, and as amended from time to time
thereafter and specifically, but not limited to. Article III,
Prohibited Industrial Discharge, and the Rules and Regulations of
the U.S. Environmental Protection Agency. Contractor shall be under
no obligation whatever to accept any type of waste or toxic materials
if said waste or material is a prohibited discharge under rules of
any regulatory agency having jurisdiction in the circumstances . It
is recognized by Contractee that the Code of the City of Fort Wayne,
Indiana of 1977, Chapter 24, may be amended from time to time as to
change the types of wastes which must be accepted by Contractor and
the parties specifically agree to such amendments .
Upon discovery that unacceptable sewage materials as defined
by Chapter 24 of the Code of the City of Fort Wayne, Indiana of
1977, as amended from time to time, or waste or materials deemed
unacceptable pursuant to rules and regulations duly promulgated by
- 3 -
86
any regulatory agency having jurisdiction are being transmitted by
the Contractee's connection to Fort Wayne's system:
1. Contractee shall immediately cease delivery of such materials
and/or waste upon verbal notification and confirmation thereof in
writing, within twenty-four (24) hours, and
2. If Contractee shall fail to cease said transmission immediately,
Contractor may, at its option, without liability and at Contractee's
cost :
(a) Cut off the user, if such is ascertainable, which is
found to be delivering unacceptable sewage to the
Contractee's sewer system;
(b) Cease servicing the entire Contractee system and cease
accepting all sewage transmission from Contractee
until the cause for such action is remedied to the
satisfaction of Contractor, the U.S. Environmental
Protection Agency and the Stream Pollution Control
Board of Indiana;
(c) Charge the Contractee for all costs and expenses which
it shall have reasonably incurred in securing compliance
. . with the terms and provisions of said Chapter 24 of this
Code of the City of Fort Wayne as amended from time to
. , time and all applicable rules and regulations pertaining
to the discharge and treatment of sewage and waste materials.
The parties do herewith make and constitute said Chapter
24 of Code of The City of Fort Wayne, all future amendments
, thereto, all applicable rules and regulations as a part
of this Agreement .
D. Volume. In order to assure a daily volume of sewage flow
which will not exceed 0.22 cf s . Contractee agrees that no changes
modifications or alterations of any kind shall be made to any lift
station, pump station, or equipment therein without the prior written
consent of Contractor. No further taps or connections shall be made
to the force main without Contractor's prior written consent and
approval thereto. In the event of sewage flow which is greater
than 0.22 cfs (.144 mgd hereafter "base mgd") for any 90
consecutive day period (hereafter "qualifying period") then an
additional treatment plant capital charge (hereafter "surcharge")
will be paid by Contractee subject to the following provisions:
1. The surcharge shall be equal to the capital charge for
Contractor's treatment rate for all users multiplied by the ratio
of the excess mgd during the qualifying period to the base mgd expressed
in and collected for per 100 cu. ft. thereof.
2. So long as the tap-in point remains at Tap-in Point A, the
Contractor shall not be required to accept sewage from the Areola
- 4 -
86
System in volumes of flow which average more than one and one-half
times the base mgd for any subsequent qualifying period.
3. If Contractee, for any 90 consecutive days, exceeds one
and one-half times the base mgd, Contractee shall, at its option,
immediately and permanently reduce the sewage flow to the base
mgd limitation herein agreed.
E. Cost of Treatment.
1. Rate. Contractee agrees to pay to Contractor for the
conveyance and treatment of sewage flow received at the metering point
both in respect of the volume and composition of such flow as set out
in the contract rate attached hereto as Exhibit "B". As provided in
said rate schedule, Contractee agrees to pay, when applicable, any
zone surcharge, excess strength surcharge, or flat charge so provided
for.
The rates set forth in Exhibit "B" , it is understood by the parties,
will be subject to annual review and adjustment whenever the rates
charged all other contract users are reviewed and adjusted
2. Measure of Volume. Contractee shall install proper and adequate
metering and sampling devices for the purpose of measuring the volume
of sewage materials delivered to the metering point on Exhibit "A"
for treatment, and to provide sampling and monitoring capability. Said
metering and sampling devices shall be constructed in a manner and in
a place acceptable to Contractor. The design of meters and metering
points shall be approved by Contractor and shall provide for the
following metering devices :
A. Magnetic Flow Meter (Fisher-Porter Style) with a running
time meter on pump compatible with pumps .
B. ISCO Model 1680R or American Signa Model 6300 Automatic Sampler.
Each such device shall be subject to the inspection, testing and
approval of each party at all times . For these purposes , and for
the purposes of reading and recording data from said meters , each
party shall at all times have complete and free access to said
metering points and devices.
The cost of planning, designing, building and installing metering
point or points and devices including acquisition of real estate shall
be borne exclusively by Contractee. In addition, Contractee shall
assume complete responsibility, including costs, for the installation,
maintenance and repair of said metering devices, and will further
- 5 -
86
defray all costs incurred by reason of testing of the metering devices
as requests may be made by Contractor from time to time, provided
such requests are reasonable as to frequency and nature of tests
required .
Sampling devices which are capable of providing a twenty four
(24) hour composite sample taken hourly shall be installed and
maintained by Contractee. The location of such sampling devices
and the specifications thereof shall be approved by the Contractor.
Composite twenty four (24) hour sampling will be conducted
at the minimum of weekly intervals. Parameters to be tested shall
include PH , suspended solids, COD, BOD, phosphorus, metal ions,
total nitrogen and other testing as required to satisfy Indiana
Stream Pollution Control Board and the U.S. Environmental Protection
Agency regulations.
Material samples as received from the sampling devices shall
be available to both contracting parties . In the event the Contractor
provides testing for such samples, the reasonable cost of providing
such services and tests shall be paid by Contractee in the amount set
forth as the flat rate charge on Exhibit "B" attached hereto. Should
Contractee desire the analysis of any samples other than the quarterly
sampling by the Contractor, Contractee shall be billed at prevailing
rate .
3. Payment. The volume of sewage accepted by Contractor
into its sewage system for processing from Contractee as measured
by metering devices previously specified shall be determined on or
about the first Monday of each calendar month and shall be billed
to Contractee within thirty (30) days thereafter for all charges
applicable under rate schedules then in effect for the previous
thirty (30) day metered period. Such charges shall commence on
the first day sewage is accepted by Contractor into its sewage
system from Contractee for processing. Payment shall be made by
Contractee promptly, without the right of set-off, within twenty
(20) days after being billed by Contractor.
4. Rate Covenants of Contractee. Contractee shall institute,
maintain and enforce a system of user charges in accordance with
Sec. 204 B (1), Public Law 95-217 as amended and supplemented
- 6 -
and guidelines and regulations promulgated by EPA from time
to time thereunder. Contractee shall provide evidence of continuing
compliance therewith as required by Contractor and pursuant to
foregoing legislation and rules.
Contractee shall adopt and enforce ordinances providing for
rates, rules and regulations and use of its sewage system which
are in conformity with the reasonable requirements adopted and
enforced by the Contractor for the purpose of permitting the
Contractor on a continuing basis, to be awarded grants from the
State of Indiana and from EPA and other governmental agencies which
may now or in the future offer grants incident to the treatment
and collection of sewage.
F. Billing.
Contractor will be responsible for reading the metering
devices at the metering and tap-in points designated in paragraph
4. A. above and for billing the Contractee therefore in accordance
with rate schedules then in effect .
5. Litigation . Contractee agrees and undertakes to hold
harmless and indemnify Contractor from any damages arising from
Contractee 's operation of the Areola System.
6 . Compliance with Rules, Regulations, Standards and Laws.
The parties of this Agreement shall comply with all state and federal
regulations , standards and laws regarding the collection and treatment
of sewage and the operation of their respective systems,
7. Service Area. During the term of this agreement or any
extension thereto, Contractee shall not expand the service area of
the Areola System, as said System is identified in Exhibit "C"
attached, without prior approval, in writing, of Contractor.
However, such approval shall not be withheld except for good cause
shown .
8. Additional Tap-In Points. Should it become necessary or
convenient for the parties hereto to tap into the Contractor's
sewer system at more than one (1) point in order to permit adequate
service, the location of such tap-in point shall be negotiated
between the parties. All of the terms and conditions of this
Agreement shall apply to any such additional tap-in points.
- 7 -
9. Remedies in the Event of Default . In the event that
Contractee shall default hereunder and said default is not cured
within thirty (30) days of written notice of same, or, in the event
said default is not of a type which can be cured within thirty (30)
days , or Contractee is not proceeding with due diligence to cure
said default within thirty (30) days of written notice of same,
or if Contractee shall fail to make any payment hereunder within
thirty (30) days after said payment is due to Fort Wayne (no
notice being necessary in the event of non-payment) , then Contractor
may apply to any court of competent jurisdiction for the appointment
of a receiver to administer all matters relevant to the Areola
System and to fix, charge and collect rates for such service.
Collections realized from such receivership proceedings shall be
paid out as follows;
First, to payment of any delinquent sewage charges to
the City of Fort Wayne.
Second, to payment of expenses of operation, repair and
maintenance of the Contractor's system;
Third, to payment of any revenue bond obligations, or
matured long-term debt;
Further, to payment of any other obligations hereunder.
Contractee now consents and agrees to the appointment of
such receiver in the event of default and specifically acknowledged i
receipt of sufficient consideration for such consent and agreement,
and now waives any future recourse to said appointment .
10 . Inspection and Enforcement .
a. Contractee shall, within thirty (30) days from date hereof,
furnish to Contractor a written list of the names, and addresses of
all commercial and industrial users in Contractee 's system, the
nature of each such users' business, and the name of a responsible
person to be contacted at each such user. Contractee shall keep
said listing current as to additional or deleted users .
b. Contractee shall cause the terms and provisions of
said Chapter 24, all amendments thereof and all applicable rules and
regulations of Contractor to be a part of each agreement or contract
which it has with each such commercial and industrial user, as
well as its own rules and regulations and governing authority.
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, IN 46801
and the Contractee's official address is:
Allen County Regional Sewer District
1812 Fort Wayne Bank Building
Fort Wayne, IN 46802
12. Benefit. All of the provisions of this Agreement shall
insure to the benefit of, and shall be binding upon, the
successors and assigns of this Agreement.
CITY OF FORT
BY:
INDIANA
BOARETOF PUBJOC WORjft AND SAFETY
WINFIELD C. MOSES, JR.
ITS MAYOR
DAVID J. KIBSTER,
PUBLIC WORKS
DIRECTOR OF
COSETTE R. SIMON, DIRECTOR OF
ADMINISTRATION AND FINANCE
JU"jr-(i-'-
LAWRENCE D. CONSALVOS , DIRECTOR
OF PUBLIC WORKS
7
HELEN GOCHENOUR, CLERK
RICHARD 'i^ SNOUTFER,^ ATTORNEY
STATE OF INDIANA )
) SS :
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public in and for
said County and State, this -^-^^
day of
198 (p , personally appeared Winfield C. Mose^, Jr., and David J.
Kiester, Cosette R. Simon, and Lawrence D. Consalvos , the
above-named Mayor and Members and Clerk of the Board of
Public Works and Safety of the City of Fort Wayne, who
acknowledged the execution of the foreoing Agreement and that the
same is their free act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my Notarial Seal, this •^-^•^ day of ^^^-Jco^rte^
198 (p .
My Commission Expires :
OUIIE K GLUOIEUX
iroi««V PUBUC 5IAt£ Of IWIt«M
»UI« CO.
M» COMISSIOII CIPIBES FEB 8.1569
ISSUEO r»fiu IIIOUNA BOIARy ASSOC.
- 10
Notary Public and Resident of
Allen County, IN
c. Contractee hereby appoints Contractor's Board of Public
Works and Safety as its agent with full authority and license to
enforce through the Contractee 's Attorney, the provisions of the
Contractees Sewer Use Ordinance (SUO) and all applicable State
and Federal Regulations upon the customers of the Contractee at
Contractee 's expense. Failure by the Contractee to take effective
and appropriate enforcement action against any customer for a
violation of its SUO or any pretreatment standard of any State,
Interstate, or Federal authority within 10 days of its discovery
shall result in a charge of $1,000.00 per violation. After the
10 day self enforcement period each day that any such violation
continues shall constitute a separate offense. In the event
Contractee 's attorney fails to take such effective and appropriate
action within ten (10) days, then Contractor, as Contractee 's
agent shall be authorized to take appropriate action through
its own attorneys all at Contractee 's expense.
d. Contractee shall within one hundred and twenty (120)
days from date here of or prior to interconnection, have their
sewer use ordinance approved by the Contractor.
e. Contractor shall invoice Contractee for monitoring and
laboratory services performed by Contractor in monitoring,
surveillance and testing of individual commercial and industrial
users of Contractee 's system at the same rate as Contractor
customarily charges its own customers. Contractee shall pay
all such charges within thirty (30) days of date of such invoice.
Contractee shall seek to recover such charges from its own
customers but its failure to secure such payment shall not release,
abate, or in any manner relieve it of its obligation to pay
Contractor .
11. Notices . Any notices required or desired to be given
under this Agreement may be served personally or by mail. Any
notice given by mail shall be deemed to have been served upon
certified mailing, return receipt requested, postage prepaid,
addressed to the party to be served at the last address filed by
such party with the other party. As of the date of the execution
of this agreement, Contractor's address is:
- 9 -
ALLEN COUNTY REGIONAL SEWER DISTRICT
)
) SS:
)
STATE OF INDIANA
COUNTY OF ALLEN
Before me, the undersigned, a Notary Public in and for said
County and State this 19th day of March , 198 6
personally appeared Jack M. Krouse
, O.R. Sessions
Morrie Sprinkle
Glen R. Patrick
Paul E . Brumbaugh
and
Greg Buckel
the above-named Members of the Board
of Trustees of the Allen County Regional Sewer District, who
acknowledged the execution of the foreoing Agreement and that the
same is their free act and deed. /
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my Notarial Seal, this 19th day of March
198 6 .
My Commission Expires;
June 14, 1989
DONALD B, STETNINGERT
Notary Public and Resident
of Allen County
Instrument prepared by DONALD B. STEININGER, Attorney at Law.
ALLEN COUNTY REGIONAL SEWER DISTRICT
ARCOLA PROJECT
EXHIBIT
EXHIBIT B
Volune Charge (cents per 100 cu. ft.)
Treatment 34.23
Capital Charge 2.96
37.19
Variable Charge (cents per 100 cu. ft.)
A variable charge for conveyance and collection costs
attributable to the portion of the conveyance system
and operating costs associated therewith used by the
contract customer shall be computed by the City and
added to the Volume Charge.
Flat Charge
In addition to the foregoing charges based on volume of
sewage treated and conveyed each contract customer will
pay a monthly billing charge of $2.50 and a monthlv sur-
veillance charge of $100.00.
Excess Strength of Wastes Surcharge
In the event a contract customer contributes waste having
a strength in excess of domestic waste characteristics, as
hereinbefore defined, a surcharge based on the following
unit process charge will be in effect for all waste found
to be in excess of limitations:
Cents Per Pound
Suspended Solids - (SS) 4.17
Biochemical Oxygen Demand - (BCO) 4.63
Phosphorus - (P) 37.61
Ammonia- (NH3) 11.41
Capital Surcharge
In the event contract customer delivers sewage for treatment
to City for a period of 90 consecutive days which is in excess
of base M(D contracted for, then customer mil be subject to an
additional capital charge ccrrputed at the capital charge (per
100 cu.ft.) then in effect times the excess percentage of MTJD
represented by dividing actual MGD by contracted MfiD.
Other I>rovisions
In the event sewage received pursuant to any contract entered
into under this Section exceeds any of the limitations imposed
by this Chapter, the City shall have the right to impose all
charges, limitations, and penalties applicable to any non-
contract user by the City. Each contract entered into by the
City pursuant to the foregoing rate classification shall pro-
vide that the contract customer shall agree to enact and maintain
a Sewer Use Ordinance and User Charge System acceptable to the
City and in conformance with the City's obligations under Sec.
204 (b) (1). Public Law 92-500 as amended and supplemented and
guidelines and regulations promulgated thereunder by the U.S.
Environmental Protection Agency and 40 CFR 35-905-8, 35-928-1,
35-928-2, and 35-935-13.
^7
IMPROVEMENT RESOLUTION
FOR STREET OR AT.T.EV
NO.6047-8fi a.qPHST.T RESURFACING THTRn Par^g^
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFFTV nT.
FORT WAYNE, INDIANA, SAFETY OF THE CITY OF
That it is deemed necessary to improve by resurf ar^i nr, = ^
r.ng pavement as designated on thf f ollo^inrstrlets"^to\'e'^L'e;;
^^'Sffefs^rb'lTn: o/li^^^^^ °^ -a^^yette street
Sf^^^^^ o/r^n^^tre^t^ ^"^"^ ^^"^ ^ to the
Sh^in/Tp^e'^tirrenSr ^^"^ °^ ^^^^^^^ — to the
r/Ru^L\xTB^d-^ - — -reet
^^?^St^i.e^o7"cifntors\\e=er ^^"^ °^ ^ " — to
^^?^^^^^^^UnJ-.%-ljr^,-^ - — Street to
HANNA RTRFFT- pv.™ 4.v,„
^^^^^^^Hh^b UnTof^Rudism BTvd °' Street to
all in accordance with i-ho r,».„*'-,
specifications on file fn the o?f?c^ drawings, and
works and Safety of said ci?v- .n^ ^^P^tment of Public
ordered. ^^^"^ "^ity, and such improvement is now
all'benef?^^ fecfuiS ^^^rV^^rWl^Tl'^ ""^"^^ Safety that
the City of Fort Wayne and that general public of
to any property owner aSjoinina saf^^"' benefits will accrue
assessable under said improve^: ^^^^^ ^™P"vement or otherwise
Shall be paid loo% by the city of port Wayn " improvement
Adopted, this^Ag^Jo^
BOARD^F PUBL;C^W0RKSX& SAFETY
day of~p^y^
ow««u/UF PUBLIC WORKS/S SAF
ATTEST
secretary ^Hddflfk'
, 19
v°rs4ijn_^: 5/1/85
ESTIMATE OF QUANTITIES DATE: 5/19/86
PRO J ASPHALT RESURFACING PROGRAM 1986 THIRD PACKAGE RES. NO:
6047-86
ITEM
ITEM
QUANTITY
UNITI
NO.
1.
Pavement Removal
1 11881
SY
2 .
H.A.C. #9 Binder
1 3589
TON
3 .
H.A.C. #11 Binder
1 3785
TON
4 .
H.A.C. A-2 Surface
1 2 717
TON
5.
H.A.C. "B" Surface
1 698
TON
6 .
Joint & Crack Sealer
1 6.8
TON
7 .
W.V.'s Adj. & Set to Grade
1 7 4
EA
8 .
Std. C.B. 's (Complete in Place)
1 ^
1 Hi/i
9 .
M.H.'s Adj. & Set to Grade
1 39
1 EA
10.
C.B.'s Adj. & Set to Grade
1 58
1 EA
11.
1 #53 Crushed Stone (Rolled &
1 Compacted)
1 275
1 TON
12 .
1 50 lb bags Prismo Yellow Granular
1 Thermoplastic
1 107
|EA
13 .
1 Fiber Pave
1 20286
1 LB
14 .
|Std. Inlets
1 3
1 EA
15.
1 Pavement Planeing
1 9299
1 SY
UNIT COST I AMOUNT
(5) I ($)
SUBTOTAL: $488,077.25
E&I: $48,807.73
TOTAL: $536,884.98
Sheet 1 of 1
88
PARTIAL RELEASE OF EASEMENT
The indenture made this _^£. day of C^zt^-^'tg— ^ 1986,
between the CITY OF FORT WAYNE, INDIANA, an Indiana municipal
corporation and INDUSTRIAL ENGINEERING, INC., an Indiana corporation,
Witnesseth that,
WHEREAS, the City of Fort Wayne, Allen County, Indiana was
granted a certain 14.0' x 801.44' sanitary sewer easement by
Industrial Engineering, Inc. on the 15th day of September, 1981 as
described below and recorded on September 18, 1981 as Document No.
81-019128 in the Office of the Recorder of Allen County, Indiana, and
WHEREAS, the City of Fort Wayne no longer has a use for a
portion of the said sanitary sewer easement per the terms of this
agreement, and
WHEREAS, Industrial Engineering, Inc. agrees to and
acknowledges that it is bound by the terms of this agreement to
guarantee to any prospective buyer and to the City of Fort Wayne that
in the event that Industrial Engineering, Inc. would at any time or
times in the future sell off a part of the tract of land that is
legally described as follows Industrial Engineering, Inc. will
guarantee to the prospective buyer and to the City of Fort Wayne that
Industrial Engineering, Inc. will provide "public" sewer service to
the real estate that is the subject of the selloff, said real estate
being more particularly described as follows:
Part of the Northwest Quarter of Section 21,
Township 30 North, Range 12 East in Allen County,
Indiana, more particularly described as follows:
Beginning at a point on the east line of the
Northwest Quarter of said Section, said point being
300 feet South of the northeast corner of the
Northwest Quarter of said Section; thence South
along the east line of the Northwest Quarter of said
Section a distance of 814.54 feet; thence West and
parallel to the south line of the Northeast Quarter
of the Northwest Quarter of said Section a distance
of 258.38 feet; thence Northerly a distance of
815.44 feet to a point located 300 feet South of the
north line of the Northwest Quarter of said Section;
thence East and parallel to the north line of the
Northwest Quarter of said Section a distance of
280.4 feet to the point of beginning, containing
5.23 acres more or less, subject to road rights of
way and easements.
TOGETHER WITH:
Part of the Northeast Quarter of the Northwest
Quarter of Section 21, Township 30 North, Range 12
East, Allen County, Indiana, more particularly
described as follows:
Coiiunencing at the northeast corner of the Northwest
Quarter of said Section; thence North 90 deg. 00
inin. 00 sec. West (assumed bearing) along the north
line thereof, 522.17 feet; thence South 01 deg. 55
rain. 25 sec. East, 411.00 feet to the point of
beginning; thence North 90 deg. 00 min. 00 sec.
East, 238.00 feet; thence South 02 deg. 03 min. 13
sec. East, 910.70 feet, (recorded 913.62 feet) to a
point on the south line of the Northeast Quarter of
the Northwest Quarter of said Section; thence South
89 deg. 37 min. 30 sec. West, along said south line
115.02 feet; thence North 01 deg. 55 rain. 25 sec.
West, 695.58 feet, (recorded 697 feet); thence South
89 deg. 37 min. 30 sec. West. 125.00 feet; thence
North 01 deg. 55 min. 25 sec. West 216.62 feet to
the point of beginning, containing 3.000 acres and
subject to easements and rights of way of record.
WHEREAS, Industrial Engineering, Inc. acknowledges and agrees
that the sanitary sewer within aforesaid easement will become a
private system maintained by owner and that the private sewer line
serving the above-described real estate will not be maintained by the
City of Fort Wayne.
NOW, THEREFORE, the City of Fort Wayne, Allen County, Indiana,
now releases to Industrial Engineering, Incorporated, an Indiana
Corporation, the 14' x 801.44' sanitary sewer easement more
particularly described as follows:
An area 14.0' x 801.44' along the West side of
property described on attached survey. Beginning at
a point located 1101.54' South of and 278.38' West
of the Northeast corner of the Northwest 1/4 of
Section 21, Township 30 North, Range 12 East, said
point being the Northwest corner of an existing
easement; thence North along West property line of
above mentioned property a distance of 801.44' to a
point; thence East along the North property line of
said property a distance of 14.0' to a point; thence
South and parallel to aforementioned West property
line a distance of 801.44' to a point; thence West
along the North line of aforementioned existing
easement a distance of 14.0' to the point of
beginning .
However, the City of Fort Wayne hereby retains a permanent 14'
X 14' sanitary sewer easement on the subject real estate, as set out
in a document titled GRANT OF EASEMENT entered between Industrial
Engineering, Inc. as Grantor and the City of Fort Wayne as Grantee and
recorded as Document Number 73-20681 in te Office of the Recorder of
Allen County on August 21, 1973, the location of said sanitary sewer
easement being more particularly described as follows:
Part of the Northwest Quarter of Section 21,
Township 30 North, Range 12 East in Allen County,
Indiana, more particularly described as follows:
r
An area 14.0' x 14.0' beginning at a point located
1114.54' South of and 278.38' West ot the Northeast
corner of the Northwest 1/4 of Section 21, Township
30 North, Range 12 iCast; thence North 14.0' to a
point; thence East 14.0' to a point; thence South
14.0' to a point; thence West 14.0' to the point of
beginning .
IN WITNESS WHEREOF, the parties have subscribed to this
agreement the day and year first written above.
88
INDUSTRIAL ENGINEERING, INC
BY:
ATTEST
CITY OF EenCf WAYNE~\
BY; ^ U-b^
Winfield Moses, Jr., Mayor
BOARD OF PUBLIC WORKS AND SAFETY
David J. Kieater, Director
Cosette R. Simon, Member
Lawrence D. Consalvos, Member
ATTEST
Helen V. Gochenour, Clerk
88
STATE OF INDIANA )
) SS:
COUNTY OF ALLEN )
Before me, the undersigned Notary Public in and for said
County and State, personally appear'ed the within named Industrial
Engineering, Inc. by Harry P. Laffkas, its President and acknowledged
the execution of the foregoing agreement for and on behalf of said
corporation and by its authority.
Witness my hand and official seal this y day of
1986.
Notary Pilblic
Resident of Allen County, IN
My Commission Expires: y — ^Ci'
STATE OF INDIANA )
) SS: ' •
COUNTY OF ALLEN )
Before me, the undersigned Notary Public in and for said
County and State, personally appeared on behalf of the City of Fort
Wayne the Honorable Winfield Moses, Jr., Mayor, and acknowledged the
execution of the foregoing agreement for and on behalf of the City of
Fort Wayne.
Witness my hand and official seal this y.^dav of
, 1986.
DUCT K GLAOIEUX
«OI«BY PUBLIC STAIE OF IIIOHM
«LL£» CO.
W COHMISSIOK EXPIRES FEB 9,1998
ISSUED IHBU INDIANA NOTARY ASSOC,
Notary Public
Kesident of Allen County, IN
My Commission expires:
STATE OF INDIANA )
I
) SS:
COUNTY OF ALLEN ) '
Before me, the undersigned Notary Public in and for said
County and State, personally appeared the within named Board of Public
Works and Safety for the City of Fort Wayne, by: David J. Kiester,
Director, Cosette R. Simon, Member, Lawrence D. Casalvos, Member and
Helen V. Cochenour, Clerk of said Board of Public Works of the City of
Fort Wayne, and acknowledged the execution of the foregoing agreement
for and on behalf of said Board by its authority.
Witness my hand and official seal this '/-■^^ day of
1986.
DI«nE R GLAOIEUX
\mm PUBLIC SIAIE OF INOHN*
Alltd CO.
!Y COHHISSION EXPIRES FEB 8.1988
SUED THRU INDIANA NOTARY ASSOC.
Notary Public
Resident of Allen County, IN
My Commission expires: cS-ff-
Instrument prepared by F. John Rogers, Attorney at Law.
'^ 89
I
AGREEMENT
THIS AGREEMENT, made and entered into this -f^^-
°' ^y^^^ , 1986, by and between the CITY
OF FORT wi^YNE, INDIANA, by and through its Board of Public Works
and safety ("City") and THE KROGER CO., an Ohio Corporation ("Kroger"'
WITNESSETH:
WHEREAS, the City is desirous of widening State Boulevard
as shown on the attached Exhibit A;
WHEREAS, Kroger has contracted for the purchase of
certain real property located in the City of Fort Wayne, Indiana,
such property located south of State Boulevard between Clinton
Street and Spy Run Avenue ("such property hereinafter referred
to as Kroger property"); and
WHEREAS, Kroger rs desirous of improving its property
Which would rnclude the construction of curbs, curb cuts and
other improvements on State Boulevard.
^^0W, THEREFORE, in consideration of the agreements
herein set forth, the parties further agree as follows:
3, , " ^^^"^ ^"^^^ s wrth the widening
ot State Boulevard, the Citv =h n
„„„ „ ^^^^ ^^^^
.»t.„, ^^^^^ ^^^^ ^^^^
r " " »• .... K„,e.
:t:° " - ~
- 2 - ,
share of the cost of the work. Payment shall be made by Kroger
to the City within thirty (30) days from completion of the work
as af oredescribed . Provided, however that if the work is not
completed by the City by May 1, 1987, then Kroger shall have
no obligation to pay the sum herein referred to. In the event
that Kroger does not anticipate opening its store by May 1, 1987,
Kroger will give the City sixty (60) days advance notice of its
intended opening date.
2. If the City does not proceed with the widening
of State Boulevard or if the City does not complete the work
by May 1, 1987, Kroger may, at its option, complete its own improvements
however all such work shall be subject to all necessary approvals
and requirements of the City, its boards and departments.
3. Notwithstanding anything herein to the contrary,
Kroger shall have no obligation to pay monies as herein indicated
unless it acquires, by deed, contract or lease the right to utilize
the Kroger property.
4. This Agreement shall be binding upon the parties
and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have signed this Agreement
the day, month and year first above written.
CITY OF FPRT WAYNE, INDIANA
BOARD of/public WORKS AND /SAFETY
BY:
David J. Kie
Public Works'
BY:
Cosette R. Simon, Director of
Administration & Finance
- 3 -
Lawifence D. Consa
Public Safety
0|
-vos. Director of
THE KROGER CO.
BY:
AGREEMENT AMENDMENT
THIS AGREEMENT AMENDMENT, made this "T^-yx^
day of
1986, by and between the City of Fort Wayne, Indiana, acting by and through its
Board of Public Works and Safety, hereinafter referred to as "the City"; and
Bonar & Associates, Inc., consulting engineers, 616 South Harrison Street, Fort
Wayne, IN 46802, hereinafter referred to as "the Engineer",
WHEREAS, the City and the Engineer entered into an agreement dated April
25, 1984, for miscellaneous professional services, and
WHEREAS, since that date, the Engineer's procedures for billing services
have changed, and
WHEREAS, it is the purpose of this agreement amendment to reflect this
change and to amend said agreement accordingly.
NOW, THEREFORE, the City and the Engineer mutually agree as follows:
1. Paragraph 3.1.1 is modified to read as follows: "The hourly wage for
Engineer's personnel working on assignments times 3.0 to cover for
Engineer's overhead. Said multiplier shall cover all of Engineer's
overhead including office expenses, printing, payroll costs, rent,
insurance, and travel within the Fort Wayne area."
2. All other provisions shall remain as written.
IN WITNESS WHEREOF the parties hereto have made and executed this agreement
amendment on the day and year first written above.
ENGINEER
BONAR & ASSOCIATES, INC.
Ronald L. Bonar, President
Its Board of Public Works & Safety
ATTEST:
1 .
N 91
AGREEMENT
Agreement between City of Fort Wayne, Indiana, by and throuqh it
Board of Public Works and Safety (hereinafter called "city")
Shambaugh & Son, Inc. (hereinafter called "Company") .
WHEREAS, the City has adopted a policy of participating in costs
associated with extension of sewer and water mains, and other public
infrastructure, (hereinafter called "Improvements") to companies
expanding and creating new jobs; and
operati
devel
after
including sanitary sewer, domestic water,' and "sto'rm sewer
extended to the project site; and
must be
WHEREAS, the Company has applied to the City requesting the
City's participation in project located at a seventy-five (75) acre
site at the northwest corner of Cook Road and the vacated Conrail
railroad immediately north of Smith Field (hereinafter called "Project
Site"), which project will create an additional thirty (30) full-time
and one hundred (100) part-time jobs within one (1) year of instal-
lation of improvements; and
WHEREAS ,^ the total estimated cost of public improvements eligible
00/\oT?|l^'o,\'4°roo)"rAa1:s'.'''"'^ """'^^^'^ Forty-nine and
h«r-o/°" THEREFORE for and in consideration of the mutual promises
herein contained, the parties agree as follows:
v,^^= SECTION 1. The Company will provide the City with four (4) sealed
execitiorof Th7.°i ^""^ package, within thirty (30) days of the
contracts Ont The Company will execute three (3)
bP?n5 th,: ^ J ^^""^ separate improvement, with lowest bidder,
and/or lU^^^^^^ ^^"^^ improvement, to complete sewer
bid ahnvf t^ e^tentions to the project. The Company will not accept a
bid above the estimated costs stated below:
IMPROVEMENTS
"Off-Site" Sanitary Sewer
"Off-Site" Domestic Water
"Off-Site" Storm Sewer
ESTIMATED COST
$ 38,532.00
21,745.00
$109 . 872 . 00
The City agrees
the lowest bid cost
stated below:
TOTAL $170,149.00
that it will contribute forty percent (40%) of
of each improvement, not to exceed the figures
IMPROVEMKNTS
"Off-Site" Sanitary Sewer
"Off-Site" Domestic Water
"Off-Site" Storm Sewer
CITY CONTRIBUTION
$15, 413 . 00
8,698.00
43 , 949 ■ 00
$68,060.00
plans^*'Drior"'^to^1n=t\n''l''-^^''^ approval from the City of construction
a complete set °^ improvements and will give the City
insrariit^on?f\m°pro;eLnts'.'''' "^^'^
SECTION 2. The parties agree that at the timp of
the Agreement there are three hundred (300) fuH-tire anH^^^^"^^°" of
ind lhP"*'''^T,^°^= employed by the Company, a list of ^""'^^^d
and their social security numbers is attached hVAt-o "-"^ ^^Ployess
The Company agrees that within one f 11 v^^r- . Exhibit "am
other ae.lgSatea agency ' Division „f icono.ic D.v.ioii„t"'^
at the project site within one m wT.,- • P^^^-time ^obs are created
ments, then the Company shall ^bi reauired'"to^''^^^°" °' ^^^^ i™e-
total amounts contributed by the cTtv hel,f °^ ''^P^^ ^° ^he city the
pay nine percent (9%) interest Sr a™ on s^f-^^ .^"^ i" addition, t^
the contribution is made by the citv „nt-^1 the date
shall be due in full not mo'^e than one riV v<^.l'^; ^^'^ repayment
Dobs were required to be created in thi^ ^^"^ date said
make said repayment, they shall ^ i =o k 1''^"^ Company fails to
Of collection includ'ing'a^^^^^Lbl'e °a "torney" fL!" ''''
s?Lr^°"^ S?c\'o^L° L^r'^" . SON, INC.
By:
^^^^iraistiFTchii^ii^i^ ^'^^
Max P. Shambaugh, President
BY:
^ir^fTS;i^t;;^f^ attest:
Mark P. Shambaugh,
Vice President
BY:
Cosette Simon
DATE:
I
92
I
RESOLUTIONS OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, the Board of Public Works and Safety of the
City of Fort Wayne, Indiana, ("Board") and resolves as follows:
WITNESSETH:
WHEREAS, the Water Maintenance and Services Department
of the City's Water Utility is in need of certain "valve box" work
with respect to Clinton and Lafayette Streets:
WHEREAS, such work will consist of the lowering and
raising to grade of valve boxes upon resurfacing of the streets;
WHEREAS, it is necessary to do this work immediately
to coincide with other work being done by the State of Indiana
and the City of Fort Wayne;
WHEREAS, the contractors presently utilized by the State
and the City for such other work, are Brooks Construction Company
and the S. E. Johnson Company;
WHEREAS, if the City is not entitled to use such con-
tractors, there may be an interruption of services and a further
interruption of State and City projects and there would be also
additional excessive costs to the City; and
WHEREAS, an emergency is hereby declared by the Board.
NOW, THEREFORE, the Board resolves that an emergency
is hereby declared with respect to the following:
BE IT RESOLVED, that the valve box work for Lafayette
Street is hereby awarded to Brooks Construction Company for a
92
contract price of approximately Eighteen Thousand Six Hundred
Forty-Five and No/100 Dollars ($18,645.00), all as set forth in
the attached documentation;
BE IT FURTHER RESOLVED, that the valve box work for
Clinton Street is hereby awarded to the S. E. Johnson Company
for a contract price of approximately Twelve Thousand Seventy-Five
and No/100 Dollars ($12,075.00), all as specifically set forth
in the attached documentation;
BE IT FURTHER RESOLVED, that authority and approval
is hereby given for work to commence on both projects forthwith;
and
BE IT FURTHER RESOLVED, that all past action associated
with these matters is hereby ratified and approved in all respects.
IN WITNESS WHEREOF, this document has been signed this
c=^,-^JL^ day of (I^u^ii ^ 1986.
BOARD OF PUBLIC WORKS & SAFETY
CITY OF FORT WAYNE, INDIAN
BY:
BY:
Cosette R. Simon, Director of
Administration & Finance
ATTEST:
Helen V. Gochenour
Clerk
BY:
LDl.
Lawfince D. Consalvos, Director of
Public Safety
92
contract price of approximately Eighteen Thousand Six Hundred
^„,ty-Five and No/100 Dollars ($18,645.00), all as set forth in
the attached documentation;
BE IT FURTHER RESOLVED, that the valve box work for
Street is hereby awarded to the S. E. Johnson Company
for a contract pr.ce of approximately Twelve Thousand Seventy-Five
and NO/100 Dollars (512,075.00), all as specifically set forth
in the attached documentation;
BE IT FURTHER RESOLVED, that authority and approval
is hereby grven for worK to commence on both projects forthwith;
BE IT FURTHER RESOLVED, that all past actron associated
„lth these matters is hereby ratified and approved .n all respects.
IN WITNESS WHEREOF, this document has been signed this
^.-^JL^ day of _S^^<^
BOARD OF PUBLIC WORKS & SAFETY
CITY OF F/5RT WAYNE, INDIAt;"i
BY
David J. Kies-U^r, Director o
Dav
Public Wor)^s
BY:
c5^iFti"RT""sT^S3^rr"Dl7^^t^ °f
Administration & Finance
ATTEST:
Helen V. Gochenour
Cleric
Public Safety
\
92
PROPOSAL ___
S. E. Johnson Company
Contractors
Dailpy Divi-iinn
11?? Thnmfl^ Rnarl
Fort, '/lavne. In. 46804
NAME
City Utilities
5-13-86
Onp Main St., r.it.y Cnunty Riiilding
RS-16026
STAIE AND ZIP CODE
Fnrt Uaynp, Tn. 46807
JOB LOCATION
Clinton Street
SPECIFICATIONS
Attn: Mr. Larry E. Deibert, Water Maintenance
Manhole Castings
1. Remove your castings in Clinton Street.
2. Lower them to allow the cold planer to grind the asphalt surface.
3. After the wedge and level course is placed, we will adjust them to grade and place a
new cement concrete base around the casting.
The cost of this work complete shall be $272.00
Watervalve Adjustable Castings
1. Remove the asphalt and concrete around the adjustable valve box and lower same.
2. After the wedge and level course has been placed, we will remove the asphalt, adjust
the casting, and pour a concrete collar.
The cost of the water valve box adjustment complete shall be $115.00 each.
>
The S. E. Johnson Company hereby proposes to furnish the material, equipment and labor lo complete the above specified pro|ect
for the sum of: nntpH ;^hnvp dollars ($ )
The S. E. Johnson Company warrants that all material will be as specified and all work will be completed in a workmanlike manner
according to standard practices.
This proposal is valid for R days after the above date.
Any alterations or additions to the work requiring extra cost will be undertaken after written orders from the owner and may result in
an extra charge over and above the estimate
The owner will be required to carry fire, flood, tornado and other necessary insurance.
The owner is responsible (or the marking of all utility, gas, water and other underground lines and structures. The owner Is responsible
for any damage and repair costs to unmarked or incorrectly marked underground items.
All agreements (^tinqent upon s,trikes, accidents , or -delays beyond our control.
Signature
Gavlord H. Widner, Div.Mgr.
I. the undersigned, agree to all terms and conditions of the proposal as stated herein.
. Signature _
J-
HR DDKS CONSTRUCTION CQINQ
P O BOX 8097
1123 BARTHOLD STREET
FORT WAYNE, INDIANA 46898
TELEPHONE 219-424-1910
May 1, 1986
City o£ Fort Wayne
Water Maintenance
415 East Wallace Street
Fort Wayne, Indiana 46803
Attention: Art Wilson
Re: IDOH Project RS-16027 U.S. 27 Lafayette Street Casting
Ad jus Cment
Gentlemen:
1 Adiust roadway/shutoff castings to grade.
one Hundred Sixty-Five Dollars ($165.00) each
2 Adjust manhole castings to grade.
Three Hundred Dollars ($300.00) each
This pr.ce will include .ak.ng any necessary repairs to the ^^P -e ( 1)
:-kg^-:g::r.r:r;tii;;ur:hr-t-:s!-^^
top o£ the structure while milling the street.
Additional repairs to the drainage structure below one toot will be
determined on a per structure basis.
our current schedule shows that we wU 1 begin worR on castings toward the
end of next week.
. • ff-» hv Tuesday May 6, 1986, how you wish to handle
Please advise our office by luesaay, '^y " . ■
this operation. '
Thank you for your cooperation.
Very Truly Yours ,
Sean Watt
Project Supervisor
93
RESOLUTIONS OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, the BOARD OF PUBLIC WORKS AND SAFETY of the
City Of Fort Wayne, Indiana, (..Board", and resolves as follows:
WITNESSETH:
to existing thoroughfares;
WHEREAS, such projects will effect City property;
WHEREAS, so thai- r^t-„
'''' maintained, preserved
and improved (as needed), it i
"^-----^ry for the City to utilize
the contractors as engaged by the State;
WHEREAS, it is further necessary to utilize k
ai-Y ro utilize such contractors
~ .O ... 3... ^^^^
t». .ch=a„,e. .s ^^^^^
WHEREAS, if the r^i-., ,
„ S". contractors,
; ' = " ~" " P".ect„ „u
C oo„. 0, „ .„t„r„„ro„ c, ,„«o.., ..o.^^n,
t-ouia be covered";
c n t or. .t t„ 3.„. tr„o „„3.,„t to t.. .o.e..,„
as herein indicated, the Citv c:h n
' ^^^^^^^"^^ ^^^^^^-^ --^es
OSES tor the same work; and
93
WHEREAS, an emergency is hereby declared by the Board
NOW, THEREFORE, the Board resolves that an emergency '
is hereby declared with respect to the following noted projects:
Project Number 1 : IDOH Project RS-16027,
U.S. Highway 27 (Lafayette Street, Fort
Wayne Indiana), Contractor is Brooks Con-
crr^°?,''°"P^"y' ^" approximate
cost of $35,000.00;
Project Number ?: idoh Project RS-16027
tractoTis's'1' T^^ ^"'^iana ) ! "in-
tractor is S. E. Johnson Company, for an
approximate cost of $35,000.00;
BE IT RESOLVED, that Project Number 1 is awarded to
Brooks construction Company, all as more particularly set forth
- the documentation attached hereto as a part hereof;
BE IT FURTHER RESOLVED, that Project Number 2 is awarded
to S. E. aohnson Company, all as more particularly set forth in
the documentation attached hereto as a part hereof;
BE IT FURTHER RESOLVED, that additional quotes have
^een invited from at least two , 2 , persons and such quotes have
been submitted bv Brnnlcc 4-
y Brooks Construction Company, S. E. Johnson Company,
and Reith-Riley Construction Co., inc.
BE IT FURTHER RESOLVED, that authority and approval
.s hereby given for work to con^ence on both projects forthwith-
and
B= „ ^^^^ ^^^^^^
„ ^^^^^^^^^
- 2
^ 98
IN WITNESS WHEREOF, this document has been signed this
■=^rrA. day of '^^^-g^^g ^ 1986 .
BOARD OF PUBLIC WORKS S SAFETY
CITY OF FORT WAYNE, INDIANA
ATTEST:
BY
Helen v. Gochenour
Clerk
BY:
Cosette R. s
imon, Director of
Administration & Finan
BYt
'rence D. Consalvos, Director of'
Public Safety
- 3 -
1
STREET LIGHTING RESOLUTION
180-86
Wheatridge Addition - Section I
7( S^7 -/o
94
The Board of Public Works and Safety of the City of Fort Wayne,
Indiana, having been petitioned by certain property owners of the \^eat-
ridge Addition, Section I - Lots No. 1 through No. 122 inclusive, hereby
deems it necessary to install an underground ornamental lighting system
for the l-Theatridge Addition - Section I, all in accordance with the
drawings and specifications on file in the office of the Board of Public
Works and Safety of said City and such lighting is now ordered. This
improvement is ordered pursuant to I.C. 19-5-24-1 and 10.
A maximum cost of $3.27 per lineal foot of property shall be
assessed upon real estate abutting the above described street. The
balance of project cost shall be assessed upon the City of Fort Wayne,
Indiana. Assessments, if deferred, are to paid in ten (10) equal install-
ments, with interest at one-half (1/2) the local prime rate on this
date but not lower than nine (9) percent per annum and shall be financed
by the Barrett Law revolving improvement fund as provided for in I.C.
18-6-5-29.5. All proceedings and any work done in said lighting assess-
ment of property and collection of assessments shall be as provided
for in said above entitled acts and all amendments thereto and supple-
mental thereof .
Adopted, this ^yJL^ (3ay of "^jf^^y^ J 1986.
BOARD /OF PUBLIC WORKS > SAFETY
David J. Kiester, Director
of Public Works
Coset te R. Simon , Director
of Finance
Lawrence D. Consalvos, Director
of Public Safety
Attest ;
Clerk
^5'
IMPROVEMENT RRSOTTTTTOM
NO. 6048-Rfi
all in accordance with the nrofile rSoi-an'n =
specifications on file in the nffVr-l l'^ „ drawings,
works and Safety of said Si?v and s?,^h ^^P^^^^^"* of Public
ordered. ^' ^"'^ S"<=1^ improvement is now
and
improvement is
lll'VntTd TcTuiZ he1fun'd°eTwrf/.t\^^ ^^^^ that
the City of Fort Wayne and thJi-^ to the general public of
to any property owner aSoining saf^^?^' benefits will accrue
assessable unde^ said improvement The rn.TT"'^. °^ °therwise
Shall be paid 100% by the"^ city of Fort Wayne ^^Provement
Adopted, this
BOAm/oF PUBLIC WORKS^ & SAFETY
day of MfC/,.^
19
ATTEST:
Secretary and Clerk
ESTIMftTE OF QUANTITIES DATE: i
NO.
: QUANTITY : UNI
: COMMON EXCAVATION (DITCH B0TTQn7~"
! 2226 ;S.Y.
i 30 ;c.Y^
! 50 IL.F^
• 1610 ICY.
10 iTON
7
FORM CONCRETE FOR HEADWALL
! L P
33 1 c7u~
lo' i
1 1~ 1
1 :ea.
FINE GRADING FERTZ. MALCHTsiiBIFj !
1 lEA
2400 ; sTvT 1
3UBTU"I
ES<I :
*22,461.a4
*2,246. IS
TOTAL:
*24 , 70S. 02
ALTERNATE # f
DRIvrNG~"""H~''"prLE
L. F.
4ij . 00
600';» .
96
BOARD OF PUBLIC WORKS CONTRACT
ON BEHALF OF CITY UTILITIES
FOR SPECIAL ATTORNEY SERVICES
THIS AGREEMENT, made and entered into on this '^^day
of May, 1986, by and between CITY UTILITIES of the City of Fort
Wayne, Indiana ("City Utilities") and ROBERT L. THOMPSON, JR.,
attorney, witnesseth that:
WHEREAS, City Utilities has filed a Petition before the
Public Service Commission of Indiana under Cause No. 38047,
seeking approval of the Commission for 1) the issuance of
revenue bonds and 2) an increase in its rates and charges for
water service, which Petition will require legal counsel for the
purpose of its preparation and filing and for the presentation
of testimony and related matters in its support before said
Commission, and
WHEREAS, the presentation of said Petition is a matter
of extreme importance to City Utilities, and City Utilities has
determined that it is desirable to retain special counsel
experienced in such matters for the purposes of such presenta-
tion, and
WHEREAS, pursuant to IC Section 18-1-21-4, the Board of
Public Works of the City of Fort Wayne has the authority to i.
contract for services to be rendered on behalf of City
Utilities,
NOW THEREFORE, IT IS HEREBY AGREED THAT:
1. City Utilities, by the Board of Public Works of the
City of Fort Wayne, employs Robert L. Thompson, Jr., attorney,
7' ^
-2-
as its special counsel to represent it in all aspects of the
foregoing proceedings before said Commission.
2. Robert L. Thompson, Jr. agrees to serve in said
capacity, and to take such action therein and in connection
therewith, on behalf of City Utilities in the name of the City
of Fort Wayne, Indiana, as necessary, all at the direction of
City Utilities.
3. City Utilities shall reimburse said special counsel,
in the performance of said services, for his out-of-pocket
expenses incurred, including long-distance telephone, travel,
overnight lodging, and out-of-town meal expenses, and shall pay
to said special counsel, for his services, compensation at that
rate of $60.00 per hour for work performed in his office, and at
the rate of $7 5.00 per hour for work performed out of his
office .
4. The maximum reimbursement of expenses and
compensation payable under this contract shall be the sum of
Fifteen Thousand Dollars ($15,000.00).
Dated this°^y "^day of May, 1986. '
CITY OF UTILITIES OF THE CITY
OF FORT WAYNE, INDIANA
The Board of Public Works
of the City of Fort
Wayne, Indiana
97
BOARD OF PUBLIC WORKS C0^7^RAC^
ON BEHALF OF CITY UTILITIES
FOR SPECIAL AITORNEY SERVICES
7^ -^<^^
THIS AGRE^IEOT, r«ie and entered into thi^ / °4av of May, 1986, by
and betaken CITY OTILITIES of the aty of Fort Wayne, Indiana (City Utilities)
and ROBERT L. THOMPSON, attorney, witnesseth that:
WHEREAS the Public service amission of Indiana (Camdssior,) has
convened proceedings under its Cause No. 38063, entitled Petition of Indiana
& Michigan Electric Corrpany, an Indiana Corporation, for Authority to Increase
its Rates s Charges and to File New Schedules of Rates and Related Rules and
Regulations, which proceedings involve and consider the application of Indiana
& Michigan Electric Carpany to increase its rates and charges for electric
service, and
™AS City Utilities has a substantial interest in the subject
iretter of these proceedings, in that City Utilities, the City of R>rt Wayne "
and its Citizens and businesses are substantial custa^rs of Indiana , Michigan
Electric Company under its various rate schedules and the outcore hereof will
have a direct and substantial eeefect on the level of rates which they are
required to pay for electric service, and
™s City Utilitres has determined that it is in its best interests,
as well as those of the aty of B^rt Wayne and its citizens to intervene and
participate fully in the foregoing proceedings, and
WHEREAS pursuant to I.C. 18-1-21-4, the Board of Public Vteks of the
Cty Of Port Wayne, Indiana has the authority to contract for services to be
rendered on behalf of City Utilities,
NOW IHERETORE, IT IS HH^Y AGREED THOT:
1. City Utilities, by the toard of Public Wbrks £. Safety of the
Cty Of Fort Wayne, Indiana hereby e^loys Robert L. .ho^pson as its special
oounsel, to represent it in all asj^^s of the foregoing proceedings.
-2-
2. Robert L. Thotpson agrees to serve in said capacity, and to take
such action therein and in connection therewith, on behalf of City UtiUties
and in the naiTE of the City of Fort Wayne, Indiana, as necessary, all at the
direction of City Utilities.
3. City Utilities shall reimburse said special counsel, in the per-
formance of said services, for his out-of-jxx^ket expenses incurred, including
long^stance telephone, travel, overnight laJging, and out-of-town meal expen-
ses, and shall pay to said special counsel, for his services, cotpensation at
the rate of $60.00 per hour for work perfomed in his office and at the rate
of $75.00 per hour for work performed out of his office.
4. The maximum corpensation and reimbursenEnt of expenses under
this contract shall be the sum of $15,000.00.
Dated this^/ ^^ky of May, 1986.
CITY UTILITIES OF THE CITY OF
PORT WAYNE, mDIANA
The Board of Public Works & Safety
of the City of Fort Wayne, Indiana
Wuiiiej-jKC. Moses, Jr., Mayor
Robert L. Thonpson
IMPROVEMENT RESOLUTION
FOR STREET OR ALLEY
NO. 6046-86 ASPHALT RESURFACING SECOND PACKAGE
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve by resurfacing and
restoring pavement as designated on the following streets to be
known as:
PUTNAM STREET: From the west curb line of Wells Street to the
west property line of Meridian Street.
BURGESS STREET: From the west curb line of Sherman Blvd. to the
east curb line of St. Mary's Avenue.
ROSEMONT DRIVE: From the east curb line of Tyler Avenue to the
west curb line of North Highlands Blvd.
WAYNE STREET: From the west curb line of Harrison Street to the
east curb line of Ewing Street.
SECOND STREET: From the west curb line of Wells Street to the
east curb line of Clark Street.
THIRD STREET: From the west curb line of Runnion Avenue to its
western terminus.
WEBSTER STREET: From the south curb line of Berry Street to the
north curb line of Washington Blvd.
SPRING STREET: From the west curb line of Wells Street to the
east curb line of Sherman Blvd.
HIGH STREET: From the west curb line of Wells Street to the
east curb line of Sherman Blvd.
JEFFERSON BLVD. : From the west curb line of Clinton Street to
the east curb line of Harrison Street.
WASHINGTON BLVD. : From the east property line of Barr Street to
the east curb line of Harrison Street.
BUTLER ROAD: From the south pavement line of Goshen Avenue to
the west R/W line of the railroad elevation.
HARRISON STREET: From the south curb line of Washington Blvd.
to the north property line of Williams Street.
all in accordance with the profile, details, drawings, and
specifications on file in the office of the Department of Public
Works and Safety of said City; and such improvement is now
ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public qt
the City of Fort Wayne and that no special benefits will accrlje
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
Adopted, this <=>? I oJf—-
day of
i
. 19 f <o ■
iRKS & SAFETY
Secretary and Clerk
version 1: 5/1/85
98
ESTIMATE OF QUANTITIES
DATE:
5/15/86
PROJ
ASPHALT RESURFACING 1986 SECOND PACKAGE
RES. NO: 6046-86
ITEM
NO.
ITEM
QUANTITY
UNIT
UNIT COST] AMOUNT
\ ^ J 1 \ ^ 1
1
1.
Pavement Removal
7576
SY
2 .
Pavement Cold Planeing
See Individual Quantity Sheet
20958
SY
-
3 .
H.A.C. #9 Binder
3407
TON
-
4 .
H.A.C. #11 Binder
4357
TON
-
5.
H.A.C. A-2 Surface
2647
TON
-
6.
H.A.C. "B" Surface
980
TON
-
7 .
Common Excavation
107
CY
8 .
#53 Crushed Stone (Rolled &
Compacted)
236
TON
-
9.
Concrete Removal
218
SY
-
i t
(
10.
6"-2 ft. Concrete Curbface Walk
875
SF
11.
6"-Corner Wingwalks ( Incl . Ramp)
288
SF
-
12 .
Remove Old Cone. Light Pole Bases
4
EA
-
13 .
Joint & Crack Sealer
9
1 TON
14 .
Curb Removal
100
LF
15.
1 Curb Type III
100
1 LF
. j
16.
|Std. C.B. 's (Complete in Place)
40
1 EA
\
16A
IP.V.C. Pipe 8" (Complete in Place)
50
1 LF
17 .
|Std. Inlets (Complete in Place)
2
1 EA
18.
|M.H. 's Adjust
53
1 EA
19 .
IC.B.'s Adjust & Set to Grade
59
1 EA
20.
IW.V.'s Adjust & Set to Grade
84
] EA
21.
1 Fiber Pave-6 lb. per ton of asphal
20424
1 LB
1
22 .
1 50 lb. bags (Prismo Yellow Thermo
1 Plastic)
36
1 BAGS
SUBTOTAL: $507,375.70
E&I: $50,737.57
TOTAL: $558,113.27
Sheet 1 of 1
i
99*
IMPROVEMENT RESOLUTION
FOR STREET OR ALLEY
NO. 6045-86 ASPHALT RESURFACING FIRST PACKAGE
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve by ^ resurfacing and
restoring pavement as designated on the following streets to be
known as:
TILLMAN ROAD: From the southwest pavement line of Lafayette
Street and U.S. 27 and 33 to a point 600 ft. west there of.
SPEEDWAY DRIVE: From the north property line of Coliseum
Blvd. to the south pavement line of Stable Drive.
FULTON STREET: From the north curb line of Jefferson Blvd. to
the south curb line of Main Street.
GLENCAIRN DRIVE: From the east curb line of Inwood Drive to the
south curb line of Vance Avenue.
HARRISON STREET: From the north curb line of First Street to
the South curb line of Putnam Street.
GOSHEN AVENUE: From the northwest curb line of State Blvd. to
the east curb line of Sherman Blvd.
CAREW STREET : From the north property line of Charlotte Avenue
to the south property line of Kenwood Ave.
DIVIDEND ROAD: From the east pavement line of Executive Blvd.
to the southwest property line of Profit Drive.
INVESTMENT DRIVE: From the north property line of Coliseum
Blvd. to a point 2,249 ft. north there of.
all in accordance with the profile, details, drawings, and
specifications on file in the office of the Department of Public
Works and Safety of said City; and such improvement is now
ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% by the City of Fort Wayne.
Adopted, this.
BOARD, OF PUBLIC WORKS & SAFETY
Secretary and Clerk
99
verr-ion 1: 5/1/85
ESTIMATE OF QUANTITIES
DATE:
5/14/86
PROJ ASPHALT RESURFACING FIRST PACKAGE
RES. NO: 6045-86
X 1 H/il
NO.
ITEM
1 QUANTITY
1 UNIT
1.
Pavement Removal
1 14341
1 SY
2 .
H.A.C. #9 Binder
1 4746
|TON
3 .
H.A.C. #11 Binder
1 1610
1 TON
4 .
H.A.C. #5 Base
1 1896
1 TON
5.
H.A.C. "B" Surface
1 1416
1 TON
6.
H.A.C. A-2 Surface
1 1124
1 TON
7 .
Joint & Crack Sealer
1 4.8
1 TON
8 .
#53 Crushed Stone
1 2754
1 TON
9 .
M.H. 's Adj. & Set to
Grade
1 37
1 EA
10 .
1 C. B. ' s Adj . & Set to
Grade
1 24
1 EA
11.
[Water Valves-Adj . & Set to Grade
1 53
|EA
12 .
|Std. Inlets (Complete
m
Place)
1 8
|EA
13 .
|Std. C.B.'s (Complete
in
Place)
1 20
1 EA
14 .
1 Fiber Pave (See attached
spec . )
1 27906
LB
15.
1 Type III Curb
1 100
1 LF
16.
1 Type IIB Curb
1 200
1 LF
17 .
1 Curb Removal
1 200
1 LF
18 .
1 Driveway Removal
1 80
|SY
19 .
1 6" Cone. Driveway
1 80
1 SY
20.
[Sidewalk Removal
1 83
1 SY
21.
|6" Cone. Sidewalk
1 750
SF
22 .
1 50 lb. bags(Prismo Yellow Thermo
1 Plastic)
1 33
|EA
UNIT COST] AMOUNT
(5) I ($)
SUBTOTAL: $495,082.00
E&I: $49,508.20
TOTAL: $544,590.20
Sheet 1 of 1
/
USE AGREEMENT
THIS AGREEMENT, is made and entered into this 4dJ^^
day of ^~~Wj -/-^ ' 1586, by and between the CITY OF FORT
WAYNE, INDIANA, by and through its BOARD OP PUBLIC WORKS AND
SAFETY ("City"), and LINCOLN NATIONAL CORPORATION ("Lincoln").
WITNESSETH:
WHEREAS, Lincoln is desirous of using City duct space
located within a City right-of-way, for purposes of installing
Lincoln's fiber optic cable and use thereof; and
WHEREAS, the City is willing to allow Lincoln to use
its duct space, subject to the terms and conditions hereof.
NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
it is agreed as follows:
1. Subject to the terms and conditions herein stated,
the City does hereby allow Lincoln the right to use its duct
space located within City right-of-way, and further grants unto
Lincoln, the right to install its fiber optic cable therein. The
duct space so usable by Lincoln, is generally described as a
point beginning at a manhole cover on Clinton Street, located
in front of Lincoln's property and running thereunder north to
a point at Main and Clinton Streets and thence east to a point
at Lafayette and Main and thence running south to an entry point
at Berry and Lafayette Streets. The precise description of the
usable duct space is as shown on the attached diagram, made a
part hereof, as Exhibit A.
- 2 -
2. The City has agreed to make such duct space "ready"
for cable installation by Lincoln's contractor and Lincoln has
agreed to reimburse City for such prepatory work. The City agrees
to complete this prepatory work by April 1, 1986, and thereafter
Lincoln shall then cause its fiber optic cable to be installed
within the duct space herein referred to.
3. Lincoln shall have the right to use such duct space,
as herein indicated, for a period of five (5) years, beginning
at that point in time that Lincoln's cable installation is initiated
provided, however, that such five-year term shall commence no
later than May 15, 1986. The City agrees that Lincoln may use
such duct space for said five-year period as long as Lincoln
does not violate the terms and conditions herein, including but
not limited to, the payment of the annual use fee to the City.
Further provided, however, that Lincoln's use may not interfere
with any subsequent eminent domain or condemnation rights deemed
necessary by the City, for effective operation of local government
and/or the provision of local governmental services.
4. For use of City duct space, Lincoln agrees to pay
to the City, the sum of Twelve Thousand Dollars ($12,000.00) per
year, with the first payment of Twelve Thousand Dollars ($12,000.00)
being made at that point in time that Lincoln initiates its cable
installation efforts and no later than May 15, 1986. Similar
payments shall then be made in each year that this Agreement
is in effect on the anniversary date of the initial payment.
5. It is understood and agreed that the cost of such
cable installation shall be the responsibility of Lincoln and
- 3 -
that Lincoln's contractor shall be responsible to obtain all
necessary permits and/or licenses required to install such cable
and that in the installation thereof, all laws, ordinances, rules
and regulations, safety and otherwise, shall be followed in all
respects. All bills for materials and labor shall be promptly
paid by Lincoln and Lincoln shall not cause or allow any liens
of any kind or character to be filed, with respect to the installation
or any subsequent work performed with respect to the cable.
All liability, with respect to the installation and maintenance
of the cable, shall be the responsibility of Lincoln, including
but not limited to, any liability resulting in damage to property
or injury to person relative to Lincoln's responsibilities.
Lincoln shall indemnify and hold harmless the City, from and
against, any and all such liability.
6. During the term of this Agreement, the City shall
be responsible for the repair and maintenance of its duct, however,
all responsibility concerning the maintenance and/or repair of
the fiber optic cable or any property attendant thereto, shall
be Lincoln's responsibility. During the term of this Agreement,
Lincoln shall use such cable and maintain same, in conformance
with all laws, ordinance, rules, and regulations.
For future inspection and maintenance requirements,
the City recognizes that Lincoln's representatives will need
access to the duct space. To obtain such access, Lincoln or
its representatives shall obtain all required approval and/or
permits, including but not limited to, notification to the City's
Telecommunications Department.
7. If, in the future, subsequent "cuts" are made into
the streets under which the duct is located, the City shall properly
mark and designate the appropriate cut(s) locations. In the
event a subsequent contractor breaks or damages the duct, such
third-party contractor shall be responsible for all damages to
both the City and Lincoln's property. The City shall have no
liability in this case.
In the further event that such a subsequent cut is
made which results in damage, and the City has incorrectly designated
the duct(s) location, the City shall be responsible for the repair
of its property and the City shall further be responsible for
any damage to Lincoln's property.
Provided, however, and notwithstanding anything herein
to the contrary, the City shall not, in any case, be responsible
to Lincoln or anyone else for any special or consequential damages.
The City's liability is strictly limited to the repair of cable
as herein indicated.
8. This Agreement shall be binding upon Lincoln and
its successors and assigns and shall be construed in accordance
with the laws of the State of Indiana.
IN WITNESS WHEREOF, this Agreement has been signed
the day, month and year first above written.
BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY-- OF FORT WAYNE, INDIANA
BY:
David J. Kiel^ter, Director of
Public Works
100 ' )
LINCOLN NATIONAL CORPORATION
'l
00
LINCOLN NATIONAL CORPORATION
1300 SOUTH CLINTON STREET
FORT WAYNg, INDIANA 1+6801 A 85851*8
TOI LINCOLN NATIONAL BANK & TRUST C0.> FORT WAYNE* INDIANA
DATEI MAY 13» 1986
71-27
7U9
PAY TKELVe THOUSAND AND 00/100
-DOLLARS
S 12> 000.00**
TO
THE
ORDER
OF
CKS3 JLF
CITY OF FORT V^AYNE
ATTN: CONTROLLERS OFFICE
ONE MAIN STREET
FORT WAYNE* IN U6a02
ii'asasiiflii' i:o7i,qoo 575i:
44 MAX A. HOESLER ii
TREASURER
l.5 3"'5EU III-
302
Octocer 17, 1983
"TTT^I^rTTT^a. acting by and
• hv, and between the State u.
THIS AGREE-^ENT, is by hereinafter referred to as
through tbe Indiana Oepart.ent Of H.gbways.. ^ ^^^^^^^^^^^
■■STATE... and the __J,S,^ "
referred to as the .'LPr. ^ _
^^VlpA. the STATE and the Fed-
vmEREAS. through the cooperation ,,3 been approved
n the following projectsv^M
eral Highway Administratio , ^^^^ ^.^ ,3,ely
the Federal Highway Administration ^^^^^^^^^
Pro3ects(s) No. ^-^^=^^^^^'''-^^Z]^^n^^
^^.^^..-^si^^-^^-J^^^ ^^^I^T^^e available to
^^^^^^^^^^^^ engineering on the.
..e STATE for use in connection with
..111 perfor.- preliminary engineering Phase
,HEREAS. the Railroad wiU P ^ ^^^^^..^ .^a/or signals or
^,,3, ...olved in the named proiec (s ^^^^
.HEREAS. approval fc.-RaiUeaa t^ ^ ^^^^^^^^^^^^^^
,,,eto mutually covenant and agree as
,0V1. THEREFORE, the parties
ot forth in
1 of 6
The UPA will perfor. any preliminary engineering required on the
approaches to the crossing (outside the limits of the crossing) or at
us discretion, engage a competent and qualified consultant to perform
the preliminary engineering. The LPA's procedures for selection of
consultants will be in accordance with applicable Federal Highway
Administration and State guidelines. Further, proposed agreements
between the LPA and its consultant will be submitted for State and
Federal Highway Administration approval prior to execution and auth-
orization to proceed with the preliminary engineering work.
the event that acquisition of additional right-of-way is required
■ for these projects, the LPA agrees to comply with the right-of-way
acquisition a'nd relocation policies and procedures as follows:
right-of-way costs are -^e Pro.~^
LPA agrees to comply ^^^^ /f/'t'e Federal Aid Highway Program
regulations including - .^^^^ ^location Assistance and Real
rorertrAc^ui'sitfon'policies Act (84 Stat..l894).
..P not to be programmed for Federal Aid.
b. If right-of-way costs re not o be p g ^^^^^
the LPA agrees to comply with U) Ai Relocation As-
tions. (2] Title III of PL 5^-°*^: ^ne stat
sistance and R^VP-i^P^,'^,/', Ttif-way. and (3) Title II of
1894) in the f ^ 7 Chapter^S of the Federal Aid Highway
said Act and ° ;;^^^,^,Ve 0 t on of individuals, families,
'rsfne^serfarl oreration. etc.. if any are involved.
4 The LPA agrees that the STATE Will act as the LPA.s agent and ma.epay-
Its direct to the .ilroads. The LPA. share of the cost for prel
ry engineering and construction will be the total cost of the pro. ct
les the amount contributed by the Federal— through Feer.
, . , „f all eligible cost is ^ 0-- ^"'^'^
costs incurred by ^^^^^^ 3,,,, ,
will be the sole obligation of the LPA.
2 of 6
required to repay to the Federal Highway Administration the sum or sums
of federal funds paid to the LPA through the STATE under the terms of
this Agreement, then the LPA will repay to the STATE such sum or sums
upon receipt of a billing from the STATE.
The LPA, their consultant and the Railroad will maintain all books,
documents, papers and accounting records and other evidence pertaining
to the cost incurred and shall make such materials available at their
respective office at all reasonable times during the contract period and
for three years from the date of final payment by the STATE under the
contract, for inspection by the STATE, Federal Highway Administration
or any other authorized representatives of the Federal Government and
copies thereof shall be furnished if requested.
The LPA agrees to hold harmless and indemnify the STATE and Federal
Highway Administration from any and all liability for any act or
omission committed, suffered to be committed, or omitted to be done,
by any office, agent, employee, servant or contractor of the LPA in re-
lation to the rights and duties of the LPA under this agreement.
At the time the preliminary engineering is complete and authorization
for construction is given, but before the railroad is given notice
to proceed, the LPA shall contribute and pay to the STATE, a sum equal
to ninety percent {90S) of the LPA protion of the railroad's estimate
of the Force Account Work; upon the completion of the Force Account
Work, the LPA shall pay to the STATE any additional costs incurred for
which the LPA is liable under the terms of this agreement. It is
understood that the Force Account Agreement is based on unit prices
and on estimated quantities, and if the total payment to the Railroad
under the Force Account Agreement is more or less than the estimated
3 of 6
cost at the time of the signing of the Force Account Agreement, the
LPA portion of thecost shall increase or decrease accordingly. In
no case shall the LPA pay the STATE less than ii.. of the cost of the
Force Account Work. Changes in the Force Account Agreement will not
be made without approval of the LPA, the STATE and the Federal Highway
Administration.
8. This agreement shall be binding upon the parties hereto, their sue-
cessors or assigns.
9 In keeping with the intent of Indiana's M3E Affin^ative Action Plan
and Federal Regulations concerning employment of minority business
enterprises, the LPA will follow procedures as out-lined in the State
MBE Affirmative Action Plan.
,0 If a railroad crossing surface is to be constructed, a traffic control
plan will be a part of each LPA - Railroad agreement. The plan w,ll
be prepared by the LPA with assistance from the Division of Local
Ass.stance if necessary. The plan must be acceptable to the accept-
able to the State and FHUA.
The LPA will be responsible for the placing, maintenance, and removal
of all traffic control devices necessary to comply with the traffic
control plan during the construction of the project.
• o ohase At the present time, projects, with a new crossing
engineering phase, "i; v
,,,,,,3 may not advance to the construction phase unless an approved
4 of 6
i;i wit::
VJllE.-.:v/F The St.icc of Indl
cr.eir sic;nii;i;;
e s .
.00 .no bt.icc o: Indiana and the L?A, thrcu^h -.heir
undersigned roaoective officials, have hereunto afri;<ed
Clerk - Treasure •.■ or Ccunty Auditor
ATTEST:
Sig
: r. i c u r e
Helen Gochenour - Clerk
Board of Publ ic Works & Safety
Notary
Comrn . Expires
Miiyor, with (Board oz Puolic Works
with (Town Board)
o r ( Coun ty Commissioners)
S 19 nature
Mayor Win Moses , Jr .
David J. Kiester -Director Public Works
(Prir.t or type name and Title)
Cosette R. Simon
Director of Administration and Finance
(Print or type name and Title)
Approved as to Icoali
Linley E. Pearson
Attorney General of Indiana
Lawrence D. Consalvos
Director of Public Safety
S o£ 6
(?r*nt or type name and Title)
S7."/yE) OF INDIANA
IIDIA.'l.yDtpilTMEriT OF HIGHWAY;
John P. Isenbaraer
r\ Director
Daniel A. Novreske
Chief Deputy Director
flCKNQHl EOGMENT
STATE OF INDIANA
COUNTY OF M-^"^"
, March
on this 19fn day of
A h«fr,r.o mp a Notary Public in and for said (County)
1986 there appeared before me, a notary
T-iu-ence B. Consalvos
rr,-ptte R. Simon , baW-cnce ^
n»vid J. ICiester Cooette ^ , .
Tr- Mo.rn^.nH Helen V. Gochenour respectively.
Win Moses, Jr. , Mayo,- ana ■ i.
Of the B0ay.d^wl^iiL!:i^LL!£!!^ Of .o^t ^^a^ne , maiana
and stated that the above agreement was signed and attested in behalf
(City)
of said {^^^)
'
WITNESS my hand and seal this /££5^ '^^^ °^
19j_L- ' ^
No/t^ry Pub:
IC
Hy Commission expires
r^r_vji n w I E D G M E H T
STATE OF INDIANA
r.nUNTY OF MARION
on this Of -l-no.,.^^
there appeared before me, a Notary Public ,n and for said County.
,^™«^r-- > Director of the Indiana Department
, i»rfnPrt the execution of above agreement in behalf
of Highways, and acknowledged the
of the State of Indiana
WITNESS my hand and seal this °^ J^ZW^;^
O ^ /^/^ HILDRETH L SMITH
My Commission Expires \^2dui: ' • ' 0 ^ Resident of Johnson County
Prepared by . ,
<? R. Yoder, Chief
Li'vision of Local Assistance
Memorandum
I-, ,„ r,^1 F.. O'Neal. Dlrfc-.f.Qr Transpnrratlon Engineering
S„bj„t T.indenwood Ro^H ^ N&W Railroad Crossing
COPIES TO;
Mayor W. Moses, Jr
D. Knappenberger
Street Engineering
File (2)
CO
Please find attached for your file an original f""/
Please tino ^.^^^ ^^^^^ Indiana
agreement between the Cxty ot (ort aereement relates
,.d.,.i «iJ F.^a. I'»'.> ■•1°""'
for the preliminary engineering.
construct the project. ^^.^^ted by the railroad,
the LPA-Railroad Agreement that has been executed y
«,en the Board of Public Works . Safety executes it we_will
have to — ! Tar^^ Ihti^;-!!" result in
fhif prore:rbrinrL:Lf :ifh ^^^^tli.t
of the Department of Transportations 1986 Goals.
If you have any questions, please call
Thanks y/i
Carl
CEO/ jhg
attachments
102
STAT&
I 7n! DIANA
INI)I \NA DI.PARTMHNT 01- HIGHWAYS
100 Norlh Scnale Avenue
Inilinnnpolis, Indiana 46204-2249
INDIANAPOLIS
K^.Mli 1 lUI , Sl.ik' (lllk. HuiiJjii-
3l7-23:-5533
April 8, 1986
Mr. Carl O'Neal
Director of Transportation
City of Ft. Wayne Engineering Department
Room 740, City-County Building
One Main St.
Ft. Wayne, IN 46802
RE: Project RRP-F392(1), Des #22670
Lindenwood Road at N&W in Ft. Wayne
Dear Mr. O'Neal :
],{ APR p
Transmitted herewith is the executed agreement between the Local Public
Agency and the State of Indiana for the above referenced railroad project for your
record and file. This agreement relates the responsibilities of both parties in
connection with the preliminary engineering and future construction on the
project .
Federal Aid funds have been allocated and made available for the preliminary
engineering. The railroad is responsible for accomplishing the greater portion of
this stage and an executed agreement between the LPA and the railroad will
culminate the preliminary engineering. Upon execution of the railroad agreements
by the LPA, the agreements will be sent to the FHWA for approval and authorization
of construction funds. The State, at this time, may give the railroad notice to
proceed to construct the project and will send a copy of the notice to the LPA
including the executed LPA-Railroad Agreement. No work may begin without the
authorization and this notice to proceed.
If there are any questions concerning this matter, please contact our office.
Si ncerely yours ,
0. Eusey, Areir Engineer
Division of Local Assistance
OOE/kgc
End osure
CC: File
Utilities
103
RS50LUTI0NS OF THE BOARD OF PUBLIC WORKS AND SAFETY '^■^^^^^
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, the Board of Public Works and Safety of the
City of Fort Wayne, Indiana ("Board") and does hereby resolve
as follows:
BE IT RESOLVED, that the Board does hereby approve the
St. Joseph Hospital of Fort Wayne, Inc.'s "Petition to Construct
and Maintain a Heliport and Safety Net Over A Sidewalk," such
Petition attached hereto and made a part hereof;
BE IT FURTHER RESOLVED, that permission is hereby given
to St. Joseph Hospital of Fort Wayne, Inc., to construct, install,
occupy, use and maintain the heliport safety net, as provided
for and subject to the terms and conditions referenced in the
Hospital's Petition;
BE IT FURTHER RESOLVED, that each Board member is empowered
and authorized to approve such Petition by affixing his/her signature
thereto.
IN WITNESS WHEREOF, these Resolutions have been passed
th
is 3o
day of
, 1986.
BOARD OF PUBLIC WORKS AND SAFETY
CITY OF FORT WAYNE, INDIANA
Javid J. Kiester, Director of
Public Works
Administ'
ATTEST :
BY: riS^ rbcsAa%(J^
Helen V. Gochenour, Clerk
Lawrence D. Consalvos, Director of
Public Safety
5. "mat tne iiei j-p^j- «- ai.^^ uft--^ . --
be beneficial to the public and contribute to the public welfare
of the City of Fort Wayne.
6. That the plans and specifications showing the exact
construction and location of said heliport safety net will be
submitted to the Board of Public Works of the City of Fort Wayne,
Indiana for approval prior to construction and installation.
7. That the Petitioner will pay or cause to be paid
all costs of construction, installation and maintenance of said
PETITION TO CONSTRUCT AND MAINTAIN A HELIPORT AND
SAFETY NET OVER A SIDEWALK
TO: The Board of Public Works
City of Fort Wayne, Indiana
The undersigned Petitioner does hereby respectfully
petition the Board of Public Works of the City of Fort Wayne,
Indiana for permission to construct, install, occupy, use and
maintain for a period to continue so long as the hereinafter
described heliport safety net shall stand and be used by
Petitioner, on real estate located within the City of Fort Wayne,
Allen County, Indiana, to-wit:
See Exhibit "A" attached.
Petitioner represents:
1. That the Petitioner, St. Joseph Hospital of Fort
Wayne, Inc., is the owner and presently occupies, a five-story
hospital building, located at the southwest corner of the
intersection of West Main Street and Broadway, Fort Wayne,
Indiana, on the roof of which will be constructed a proposed
heliport .
2. That the heliport will be used for the purpose of
providing helicopter transport to patients, to and from the
hospital .
3. The proposed construction of the heliport requires
the heliport landing pad to extend out from the north side of the
building approximately one (1) foot, and a safety net to extend
out an additional five (5) feet, over the sidewalk located on the
south side of West Main Street, as more particularly described in
the survey attached hereto, made a part hereof, and marked
Exhibit "B". The construction, maintenance and use of the
heliport and safety net will be in conformance with all laws,
ordinances, rules and regulations.
4. The structure would not be detrimental or inconsis-
tent with the free use of any easement of the public on that part
of the sidewalk located below the heliport safety net.
5. That the heliport and appurtenant safety net would
be beneficial to the public and contribute to the public welfare
of the City of Fort Wayne.
6. That the plans and specifications showing the exact
construction and location of said heliport safety net will be
submitted to the Board of Public Works of the City of Fort Wayne,
Indiana for approval prior to construction and installation.
7. That the Petitioner will pay or cause to be paid
all costs of construction, installation and maintenance of said
-1-
heliport safety net and appurtenances thereto. Petitioner also
agrees to indemnify, hold and save the City of Fort Wayne
harmless, from and against any liability of any kind or
character, including any loss and/or damage to persons or
property occasioned by the construction, installation or use of
the heliport and/or safety net. Such indemnification shall be
with attorneys fees.
8. The Petitioner will pay all costs of maintenance
and repair of said heliport safety net after construction and
installation.
9. Petitioner files this Petition pursuant to authori-
ty granted under the law of the State of Indiana (I.e. 36-9-2-6)
in order to secure permission to construct and maintain said
heliport safety net.
WHEREFORE, your Petitioner prays that permission be
granted to construct said heliport safety net according to the
provisions of the Indiana law pertaining thereto.
ST. JOSEPH HOSPITAL
OF FORT WAYNE, INC.
The above and foregoing Peition is hereby approved
by the City of Fort Wayne, Indiana, by and through its Board of
Public Works and Safety this 3d ' day of ) , ,
1986. U
ATTEST:
BOARD OF PUBLIC WORKS AND SAFETY
CITY OF FORT WAYNE, INDIANA
David J. Ki^ster, Director of
Public Works
BY:
Cc^s^tte B< Simon, Director of
AdministCrat ion &-^Finance
Mwlrence D. Consalvos, Director
of Public Safety
-2-
DESC? IPTIO'-:
portion of the ri t -of-wav of West Main Street, Ivin^ \or-v,crl-- of ^h v u
ine ot th^t part of 3roadwav ^ forme rlv Market Street) whi ch "was vac.^eH
■-laracory Resolution "IQ'') a^a '.ortnerLv of tht \o-th under
-11 < First Amended Addition, both aforesaH v'-th^Une def^nin
de<;-
cinnin; on tne ioutr rie
ted 10'.'0 feet Westerlv o
-e with the West rient -o f -wav line of Broadwav;
•d South ri;:rit-of-
ut-wav line or saui West Mai- Street at a point sit-
hfe point ot intersection of said South right-of4a'
av line of Bro.Hw„-.-. thence Westerlv. on and along'
■way line, a distance of hn.,) feet; tnence Norther
on and
y at ri£ht
les to said South riei-t-of-wav line, a distanrc r. ri <■ ► .1.
parallel to said So.th r i ehc - of Iwa-- U^^ ! 'a 1L ^Inc^'of'^SO ! 0 ^J^^^? 1^:^:1'^
a distance of d.
n
otncrlv. at ri £ht angles lo'said South r i gi , t-of -uav line
= t .0 tne pom: ot beginnine. containine 3bO sq'jare ^ee^
rris Associates. Inc. project a?c^[teLs ' °" ^ ""^^'^^ P'^^' °f
1/
I
EXHIBIT "A"
2><
86-012714
RESomriOH
WHEREAS, The Fort Wayne Water Utility of the City of Fort Wayne,
Indiana, acting by and through the Mayor and the Board of Public Works
and Safety, did have a Notice of water Main Extension recorded as
Instrument #84-29789, in the Office of the Allen County Recorder; and.
WHEtSEAS, The Board of Public Works and Safety of the City of Fort
Wayne, Indiana, has reviewed this Notice and found it to be in conflict
with agreements previously made on this project.
NOW, THEREFORE, The Board of Public Works and Safety of the City of
Fort Wayne, Indiana, does hereby void this Notice of Main Extension for
Water Contract #83-XP-5.
Dated this ^3 day of
1. 5
1986.
BOARD OF PUBLIC WORKS AND SAFETY
CITY OF^ FORT WAYNK,-iNDIANA
DAVID J. KIESTEB
DIRECTOR OF PUBLIC WORKS
ATTEST:
HELEN V. GOCHENOUR, CLERK (^ClS^
COSETTE R. SIMON
DIRECTOR OF ADMINISTRATION & FINANCE
X I lint r\^ t
ENCE D. CONSALVOS
DIRECTOR OF PUBLIC SAFETY
APPROVED AS TO FORM & LEGALITY:
/w^-'^J;
ASSOCIAte CI^ fS^Ql^Y
Prepared by:
Terry L. Atherton, P. E.
Chief Water Engineer
105
RESOLUTION 421-1986
"Oswego Avenue Sanitary Sewer Repair"
RESOLVED by the Board of Public Works & Safety of the City of Fort Wayne,
Indiana, that It is deemed necessary to repair the sanitary sewer line for
the health and safety of the citizens within the immediate area as follows:
Bounded on the South by Vance Avenue; bounded on the
West by St. Joe River, bounded on the North by Sumerset
Lane and bounded on the East by the East right-of-way
line of Oswego Avenue.
Repair fl
Disconnect the existing 6" sanitary sewer taps from
the existing 60" diameter St. Joe Interceptor; install
approximately 300± LF 8" sanitary sewer to intercept
the existing 6" taps and connect same to proposed 8"
local sanitary sewer that will connect to said existing
interceptor manhole with backflow preventer as specified.
Said sewer shall be 8" in diameter.
Repair #2
To locate and intercept an existing 6" sanitary sewer
tap; disconnect same from 60" St. Joe Interceptor and
install approximately 100± LF of 8" sanitary sewer
connect the 6" tap to same that will then connect to
the existing manhole located over said 60" St. Joe
Interceptor Sewer with a backflow preventer as specified.
Said sewer shall be 8" in diameter.
And said improvement with all appurtenances shall be repaired and reconstructed
in accordance with the plans, profiles and specifications now on file in the
Department of the Board of Public Works & Safety of said City.
The cost of said Sanitary Sewer Repair shall be paid for by Funds of the Utility
of said City.
All proceedings and any work done on said improvement, therefore, shall be
as provided for in said above-entitled acts and all amendments thereto and
supplemental thereof.
ADOPTED this _[ day of April 1986.
BOA^i^ PDBLIQ-'H5:
ATTEST:
Lawvence D. Consalvos, Director
Helen V. Gochenour, Clerk
1 06 0
AGREEMENT FOR CONTRTRIITTON TO COST OF ROAn rnM^Tpn^xy^n
This agreement is made this ? Day of (2^^^^^ , 1986, by and
between the City of Fort Wayne, Indiana, (hereinafter "City") and Security
Leasing, Inc. (hereinafter "S.L.I. ") as follows:
WHEREAS, the City and S.L.I, mutually desire the Improvement of Vance
Avenue from Coliseum Blvd. to a point east of Sherborne Ave., present plans
of the improvement Include:
1. The removal and replacement of the existing north lane for a
distance of 525 + - feet.
2. The construction of an additional lane on the north side of Vance
Avenue from Coliseum Blvd. to a point east of Sherborne Avenue.
3. The construction of new curbs on the north side of Vance Ave. the
entire length of the project,
4. The construction of new 5-foot sidewalks along the north side of
Vance Ave. the entire length of the project.
5. The relocation of street lighting throughout the length of the
project ,
6. The construction of the driveway entrance to S.L.I. 's facilities as
approved by the D.O.T. and the Board of Public Works & Safety.
The above described improvements will be constructed according to City
of Fort Wayne specifications as mutually agreeable are hereinafter referred
to as the "Project", and:
WHEREAS, said Project can be coordinated better by having the same
contractor construct the City's and S.L.I. 's portions of the Project at the
same time, and
WHEREAS, S.L.I, has received competitive bids for both S.L.I. 's and the
City's portion of the Project.
NOW THEREFORE, the City and S.L.I, in consideration of the premises and
the mutually dependent covenants herein contained, the parties hereto agree
as follows:
6
9
1. S.L.I, agrees to do the road construction and reconstruction
according to City specifications and design as approved by the
City. City acknowledges approval of the plans, specifications and
designs for said work and approves the form and substance of the
contracts to be entered into between S.L.I, and Brooks Construction
Company, Inc.
2. S.L.I, agrees to pay the contractor the total cost of the
contracted work after inspection and acceptance by the City.
3. The City agrees to pay S.L.I. $22,500.00 of the cost of such
contracted sum.
4. The City agrees to pay S.L.I, for its work and its expenses within
30 days after being billed for such work and/or expenses by S.L.I,
after the Project identified in the Standard Form of Agreement
Between Owner and Contractor entered into between S.L.I, and Brooks
Construction Company concerning the removal and replacement of 525
feet of the north lane of Vance Avenue, is completed and accepted
by the City.
5. Insofar as authorized by law, this agreement shall be binding upon
the parties hereto, their successors or assigns,
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their proper officers thereunto duly authorized.
SECURITY LEASING, INC.
Attest:
Notary ^-^
txp. date / J
CITY OF FORT WAYNE
Board /of Public works Safety
David J. Kies
ir. Public Works
Cosette R. Simon, Dir.
Administration & Finance
Lawrence D. Consalvos, Dir.
Public, Safety
Helen Gochenour, Clerk
Board of Public Works
i 107
RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF FORT WAYNE
WHEREAS, the Board of Public Works and Safety is charged
with the operation of the waterworks of the City of Fort Wayne and
as such must review the rates and charges made by the City of Fort
Wayne for waterworks services; and
WHEREAS, this Board has reviewed the rates and charges
currently in existence for the use of and services rendered by the
waterworks system of the City of Fort Wayne and finds them to be
inadequate; and
WHEREAS, this Board has had a study done to determine new
rates and charges which will be non-discriminatory, reasonable, and
just, and
WHEREAS, I.e. 8-1.5-3-8 prescribes the method for deter-
mining rates and charges;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
AND SAFETY OF THE CITY OF FORT WAYNE, INDIANA:
SECTION 1 . It is hereby found that the current rates and
charges for the use of and services rendered by the waterworks
system of the City of Fort Wayne are inadequate to provide an income
sufficient to maintain the utility property in a sound physical and
financial condition, to provide for the payment of any taxes that
may be assessed against the utility, or to provide a reasonable
return on the utility plant.
SECTION 2. After a study of the waterworks rates and
charges, it is hereby resolved that this Board recommends to the
Common Council of the City of Fort Wayne that the General Ordinance
attached hereto providing for new rates and charges for the use of
and services rendered by the waterworks system of the City of Fort
Wayne be adopted and that said rates and charges shall be sufficient
to include a reasonable rate of return on the waterworks plant.
SECTION 3. It is further resolved that the rates and
charges provided for herein be sufficient to compensate the City of
Fort Wayne for taxes that would be due said City on the waterworks
property were it privately owned.
SECTION 4. This Resolution shall be forwarded to the
Common Council of the City of Fort Wayne together with the attached
General Ordinance with the recommendation that same be adopted and
presented to the Public Service Commission of Indiana for approval.
This-^Resoiut ion adopted this ^ day of April, 1986.
David J. Kit^ster
Chairman of Public Works and
Safety and Director of Works
Lawrence D. Consalvos
Director of Public Safety
RESOLUTION OF THE BOARD OF WORKS AND SAFETY A 6
OF THE CITY OF FORT *iAYNE
WHEREAS, Indiana Code 36-9-23-25 provides that the munici-
pal legislative body shall establish just and equitable fees for
services rendered by the sewage works and outlines the factors to be
used in determining the fees to be charged; and
WHEREAS, the Board of Public Works and Safety is charged
with operating the sewage works of the City of Fort Wayne and has
studied the fees and charges currently in existence for the sewage
works and finds them to be inadequate to provide adequate and effi-
cient service and to provide for the expenses of said sewage works;
and
WHEREAS, the Board of Public Works and Safety has reviewed
the current fee structure of the sewage works and the amounts
thereof and has reviewed the expenses which will be incurred in the
future ;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
AND SAFETY OF THE CITY OF FORT WAYNE:
SECTION 1 . That the fees currently charged to users of the
sewage works of the City of Fort Wayne are inadequate and insuf-
ficient to pay all the expenses incidental to the operation of the
sewage works and to provide for such other expenses and payments as
outlined in I.C. 36-9-23-25.
SECTION 2. The Board of Public Works and Safety has
studied the factors for establishing fees prescribed by I.C.
36-9-23-25 and hereby recommends to the Common Council of the City
of Fort Wayne that new fees be established and that the Common
Council, after public hearing as required by law, adopt the attached
General Ordinance repealing Chapter 2it of the Municipal Code of the
City of Fort Wayne and adopting the revised Chapter 24 attached to
the General Ordinance attached hereto.
ADOPTED this C?^-
David J. Kiefe'ter
Chaipffl^n and Director of Public Works
Lawijence D. Consalvos
Dir-ector of Public Safety
109
/
7(-39--i
I
RESOLUTION 76-39-9
WHEREAS, FORT WAYNE BIBLE COLLEGE has petitioned and
requested the Fort Wayne City Plan Commission to hold a public
hearing upon the vacation of the following dedicated utility
easements situated in Fort Wayne, Allen County, to-wit:
Part of the easement for utility purposes established in
Wiebke's Homestead Addition, Section "A", the plat of which
is recorded in Plat Record 11, page 24 in the Office of the
Recorder of Allen County, Indiana, said easement being 8
feet in width and said part being more particularly des-
cribed as follows, to wit:
The South 4 feet of Lot #15, except the West 39 feet
thereof, together with the South 4 feet of Lots #16, #17,
and #18, all in said Wiebke's Homestead Addition, Section
"A", also together with the North 4 feet of Lot #39, except
the West 14 feet thereof, together with the North 4 feet of
Lots #40, #41 and #42 all in said Wiebke's Homestead
Addition, Section "A".
The foregoing description is that part of the 8 foot wide
utility easement platted in Wiebke's Homestead Addition,
Section "A", which lies West of the West right-of-way line
of Beaver Avenue and East of the East line of the 14 foot
wide sewer easement established in paragraph 9 of Document
#72-00769 and East of the East line of the 14 foot wide
sewer easement established in paragraph 10 of said Document
#72-00769 .
ALSO PROPOSED FOR VACATION are the following described side
lot easements established in the restrictive covenants for
Wiebke's Homestead Addition, Section "A":
The East 3 feet of Lot #15; the West 3 feet of Lot #16; the
East 3 feet of Lot #16; the West 3 feet of Lot #17; the East
3 feet of Lot #17; the West 3 feet of Lot #18; thence East
3 feet of Lot #39; the West 3 feet of Lot #40; the East 3
feet of Lot #40; the West 3 feet of Lot #41; the East 3 feet
of Lot #41; the West 4 feet of Lot #42; the South 3 feet of
Lot #42; the West 4 feet of Lot #43; the North 3 feet of Lot
#43.
all in accordance with the terms of Section 44, Chapter 174
of the Acts of 1947, of the General Assembly of the State of
Indiana, as amended by Section 3 of Chapter 385 of the Acts
of the General Assembly of the State of Indiana, Indiana Code
Section 36-7-4-512; and,
WHEREAS, notice of such public hearing has been given
by due and proper publication thereof;
WHEREAS, said vacation of dedicated utility easements
has been routed through the following departments: Street
Engineering, Traffic Engineering, Water Pollution Control
Engineering, Electrical Engineering, Park Board and through the
Public Utility Companies.
NOW THEREFORE, BE IT RESOLVED by the Fort Wayne Board
of Public Works that the vacation of said dedicated utility
easements hereinbefore described conforms to the general policy
and pattern of development set out in the Master Plan of the City
of Fort Wayne, Indiana.
BE IT FURTHER RESOLVED by the Board of Public Works
that the vacation of said dedicated utility easements herein-
before described be and the same is hereby approved subject to
easements as required by all public utilities occupying and using
said portion of public street or part thereof for the vacation
and operation of its utility facilities shall not be deprived of
1
STATE OF INDIANA)
) ss
COUNTY OF ALLEN )
the Board of Public wSrki^
full, true and correct
David J. Kie
Director of Public Works
Cosette R. simm "
Director of Administration & Finance
rence nr^r^^-^i : vw
^f^^f^^ceD7~c5HiiiVli
Director of Public Safety
ENGINEERING COMMENTS: Fort Wayne Bible College Easement Vacations
1. Water Pollution Control Engineering
We have utilities within area. I request a legal survey to show these in relation
to property line and sewer improvements that exist. Also any structures or
buildings on site that are within 20 feet of sewer. No approval until
this is completed.
2. Traffic Engineering
Ok to vacate
3. Water Engineering
Ok to vacate
4. Park Board
Ok to vacate
5. Street Lighting
Ok to vacate
109
VACATION* Petition -/^^
EASBMENT.
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PARKWAY
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/?/ RE5IDENTif\L DISTRICT
LAND USE:
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19
: 2-27- 8i>
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-7^ -37-/5'
LDDWIG CIRCLE SANITARY SEWER
"AMENDED" Sanitary Sewer Resolution 899-1986
RESOLVED by the Board of Public Works & Safety that it is deemed necessary
^construct the Ludwig Circle Sanitary Sewer for the elimination of pollution
within the immediate area as described:
The South One-Half C^) of the Northeast Quarter (V)
Section 14, Township 31 North, Range 12 East, in Allen
county, Indiana, except the North 663.8' of the East
792 9' of said South One-Half (h) of the Northeast Quarter
(Ss) of Section 14, Township 31 North, Range 12 East,
Allen County, Indiana.
of the Board of Public Works & Safety of said City.
The cost of said sanitary sewer project shall be paid and shared by the City
of Fort Wayne and by the benefited property owners.
The property holders share of J-J— ^ \\/d"i::rretntr Tl'l
and paid by the said property holders ,t-enetited y ^^^^r^x
according to the -^^od -d .™r provided for in h^^^ ^^^^^^^
Assembly of the State of Indiana I"^""^ effective 1 September 1981
^et 36-9-18-45 -d 36-9-2 - ;;;Xf„,f ..^.^^rand^'su^plemental thereof,
and the provisions of all acts amenaaLuij
........... 1= d......*. ... " " 'zrrs.%':^''^TTJ't^^S""^.
for In the above-entitled acts.
.U proceedings and any work done on "^''^ -/;°™ VoVet^rhTrbe ll
thereof .
ADOPTED this 2nd day of April 1986
ATTEST
Helen V. Gochcnour, Clerk
APPROVED as to form and legality_
yW^J^ Attorney at Law
o
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT, made and entered into this °< 6 day
f'y\)AM>Jy 1986, by and between the City of Fort Wayne,
Indiana, acting by and through the Board of Public Works and Safety,
hereinafter referred to as the "LOCAL PUBLIC AGENCY", and Clyde E.
Williams & Associates, Inc., Consulting Engineers, hereinafter
referred to as the "CONSULTANT".
WITNESSETH
WHEREAS, the parties hereto did on October 31, 1984, enter into an
Agreement providing for right-of-way engineering services for
Project No. M-F 312(1) - Crescent Avenue Improvements, Fort Wayne,
Indiana, and
WHEREAS, subsequent to the original Agreement of October 31, 1984,
the scope of the project has increased to include several additional
parcels, and,
WHEREAS, Section B.4 of Appendix "D" of the original Agreement pro-
vides that "In the event of a substantial change in the scope,
character or complexity of the work on the project, the maximum fee
payable and the specified fee shall be adjusted in accordance with
Item 12 (changes in work) , of General Provisions, set out in the
Agreement" .
NOW, THEREFORE, the parties hereto agree that the ENGINEER will pro-
vide the services hereinbefore and hereinafter described and that,
except as modified herein, all terms and provisions of the original
Agreement dated October 31, 1984 will continue in full force and effect.
-1-
SUPPLEMENTAL APPENDIX "D"
COMPENSATIOM
A. Amount of Payment
1. The CONSULTANT shall receive as payment for the work per-
formed under this Agreement a total fee not to exceed
$19,800.00, unless a modification of the Agreement is
approved in writing by the LOCAL PUBLIC AGENCY and the
Indiana Department of Highways.
2. The CONSULTANT shall receive as payment for the work per-
formed under this Agreement based on the specific cost per
unit multiplied by the actual units of work performed.
QUANTITY UNIT PRICE TOTAL
a. Final Right-of-Way
Plans 1 Lump Sum la $1,615.00 $ 1,615.00
b. Title Search and
Title Insurance 17 Parcels @ $ 126.50 $ 2,150.50
c. Legal Descriptions 17 Parcels @ $ 355.00 S 6,035.00
d. Individual Plats 17 Parcels @ $ 120.00 $ 2,040.00
e. Appraisal Problem
and Fee Estimate 1 Lump Sum @ $1,070.00 $ 1,070.00
f. Transfer Documents 1 Lump Sum (? $ 610.00 $ 610.00
g. Right-of-Way
Stake-Out 1 Lump Sum (? $4,470.00 $ 4 , 470.00
TOTAL $17,990.50
The amount of $17,990.50 determined above is an estimate of
the cost which the CONSULTANT will incur in fulfilling the
requirements of Appendix "A". The final amount will be
adjusted according to the actual units of work performed;
SUPPLEMENTAL
APPENDIX "D"
however, the final amount shall not exceed $19,800.00 with-
out approval of the Local Public Agency and the Indiana
Department of Highways.
IN WITNESS WHEREOF, the parties hereto have made and executed this
SUPPLEMENTAL AGREEMENT the day and year first mentioned above.
CONSULTANT LOCAL PUBLIC AGENCY
CLYDE E. WILLIAMS & ASSOCIATES, By: BOARD OF PUBLIC WORKS & SAFETY
Attest:
Helen Gochenour - Clerk
Approved as to Regality and Form
Attorney for City of Fort Wayne,
Indiana
-3-
SUPPLEMENTAL
APPENDIX "D"
STATE - LOCAL PUBLIC AGENCY AGREEMENT ^ / d
CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR FEDERAL AID PROJECTS
THIS AGREEMENT, made and entered into
this cS.(^ day of '^jgg^z^fl/— ^,
19 by and between the State of Indiana, acting by and through the Indiana
Department of Highways, hereinafter referred to as the "STATE", and the Local
Piiblic Agency, City of Fort Wayne , hereinafter referred to as the
"LPA" .
WITNESSETH
WHEREAS, plans and specifications have been prepared for this project, and
WHEREAS, the right-of-way for the project is of sufficient width to meet
the approved design standards for the project; and
WHEREAS, any additional right-of-way procured for the project was obtained
by the LPA in compliance with STATE and Federal Highway Administration policies
and procedures.
WHEREAS, through the cooperation of the LPA, the STATE and the Federal
Highway Administration, the following designated project has been approved by
the Federal Highway Administration and is ready for letting by the STATE:
Project No. M-MG-F568(2) ^°--L^
Description : East State Blvd.. in Ft. Wayne. Phase I
Road Reconstruction
NOW THEREFORE, in consideration of the mutual covenants, herein contained,
the parties hereto mutually covenant and agree as follows:
1. The LPA' s share of the cost shall be the total amount of the entire
cost of said project (approximately $6.^90,000 ) less the amount
contributed by the Federal Government through Federal-Aid, and the
LPA has by an appropriation duly made and entered of record appropri-
ated the sum of S 1.714.000 to apply to the cost of said project,
which amount is estimated to equal the I^A's share of the entire cost
of the project.
Page 1 of 9
The LPA hereby agrees that all utilities which cross or otherwise
occupy the right-of-way of said highway shall be regulated on a
continuing basis by the LPA with written use and occupancy agreements
in accordance with the STATE'S utility accommodation policy titled
"State of Indiana State Highway Commission Policies Covering the Use
and Occupancy of Public Highway by Utilities".
The LPA shall comply with the applicable conditions set forth in
(1) Title 23, U.S. Code, Highways, (2) the regulations issued
persuant thereto, and (3) the policies and procedures promulgated
by the STATE and Federal Highway Administration relative to the
project.
The LPA shall follow procedures as outlined in the STATE MBE Affirm-
ative Action Plan and Federal Regulations concerning employment of
minority business enterprises.
The plans and specifications shall be subject to the approval of the
STATE and the Federal Highway Administration. The STATE shall
advertise for bids, and upon receipt of an acceptable proposal, shall
award a contract therefore. The contract shall be subject to the
approval of the I^A. the STATE, and the Federal Highway Administration
through their respective and proper authorities before it shall become
effective.
= he awarded based on unit prices, on
The construction contract shall be awaraea
estimated quantities, and if the total Payment to the contractor under
the construction contract is more or less than the estimated cost at
the time of the signing of the construction contract, the LPA port.on
of the cost Shall increase or decrease accordingly. Changes in the
construction contract shall not be made without approval of the LPA.
the STATE and the Federal Highway Administration.
Page 2 of 9
VJhen the construction contract is awarded and before the beginning
of the work thereunder, the LPA shall pay to the STATE, a sum equal
to ninety percent (90%) of the LPA portion of the bid price for
construction. If an Advice of Change Order, AC, is approved which
increases the project cost, the LPA shall pay to the STATE within
thirty (30) days a sum equal to ninety percent (90%) of the LPA
portion of the increased cost.
The LPA shall provide competent and adequate engineering, testing,
and inspection service to insure the performance of the work in
accordance with the construction contract, plans and specifications.
In the event that the engineering and inspection service to be
performed by the LPA shall, in the opinion of the STATE, be incompetent
or inadequate, the STATE shall have the right to supplement the
engineering and inspection force or to replace engineers or inspectors
employed in such work at the expense of the LPA.
The STATE'S supervising engineers shall supervise the work the same
as on other construction contracts.
If the LPA or its consultant is providing construction engineering,
^ 4- ^v,» qTATE as to the progress and performance
the LPA shall make reports to the STATE as to
of the work at such ti^es as the STATE may require.
„pon completion of the construction and construction engineering and
prior to final payment pursuant to this Agreement, a final audit shall
be done by the Indiana Department of Highways' Division of Accounting
and control. After the final audit is approved by the STATE, then
final payment shall be made.
, The LPA portion of the construction cost shall equal the total
payment to the contractor less the amount eligible for Eederal-aid
reimbursement.
Page 3 of 9
The LPA portion of the construction engineering shall equal the
cost incurred by the LPA in providing such service for this project
less the amount eligible for Federal-aid reiinbursement. Costs
eligible for Federal-aid Reimbursen,ent shall be limited to a maximum
percentage of the construction cost. The maximum percentage rates
are :
Types of Funds Project Prefix Ma=^
Interstate Substitution IX ^5%
urban ^„ {H
Rural secondary RS, RSG, SR 15%
Bridge Replacement s BRM, BRS, BRZ 15*
Bridge Rehabilitation BHM, BHS, BHZ 15%
Railroad Demonstration RR unlimited
Hazard Elimination HES unlimited
Railroad Protection RSP unlimited
Railroad Crossing
1. construction Engineering by Consultant - A separate Agreement
• between the LPA and the Consultant, setting forth the scope of
„ork and fee, is required and must be approved by the STATE
and Federal Highway Administration before the letting. Only
costs incurred after the STATE notice to proceed to the LPA
and the LPA notice to proceed to the Consultant shall be
eligible for Federal-aid reimbursement.
The STATE must approve the Consultant's personnel prior to
assignment to the project work.
K„ TPA - The personnel must be bona
Construction Engineering by LPA The pe
„f the LPA They cannot be paid on a "retainer-
fide employees of the lpa- "'=y
basis, only costs incurred after the STATE notice to proceed
to the LPA Shall be eligible for Federal-aid rei^ursement.
in accordance with IC a-13-14-1 the LPA shall pay the STATE the
actual cost, less the amount eligible for Federal-aid rei^ursement,
,or performing laboratory testing of materials. The material-
,.3ting Charge shall be determined by application of the approved
2.
Paae 4 of 9
material testing rate to actual construction costs incurred
excluding construction engineering costs. This rate is based
upon the amount of eligible costs of operating the Indiana
Department of Highways material testing function divided by the
total costs incurred for specific types of contracts which utilize
the services of the material testing function. The cost of providing
material testing is included in the maximum limitation mentioned
in Section IIB.
D. The LPA shall pay the STATE for expenses incurred in performing the
final audit less the amount eligible for Federal-aid reimbursement.
This cost is eligible for. Federal-aid and is not included in the
maximum limitation mentioned in Section IIB.
E. The LPA shall pay the STATE for expenses incurred in supervising
the project according to the terms in Section 8 less the amount
eligible for Federal -aid reimbursement. This cost is included in
the maximum limitation mentioned in Section IIB.
12. If for any reason the STATE is required to repay to the Federal Highway
Administration the sum or sums of Federal funds paid to the LPA through
the STATE under the terms of this Agreement, then the LPA will repay to
the STATE such sum or sums upon receipt of a billing from the STATE,
Payment for any and all costs incurred by the LPA which are not eligible
for Federal funding will be the sole obligation of the LPA.
13. A. Construction by Contractor - During the progress of the work, the
contractor through the LPA or its representative shall submit
invoice vouchers to the STATE for construction completion.
B. Construction by LPA - During the progress of the work, the LPA
shall submit claim vouchers to the STATE for construction completed.
When claiming costs, the contractor or LPA will certify by its
responsible officer and/or engineer that those costs represented by
the subject billing represent work physically completed. Upon approval
D^no R of 9
1
of the voucher by the STATE, the STATE will request Federal-aid
funds fron, the Federal Highway Administration for the amount of the
subject voucher. Upon receipt of Federal-aid funds, the STATE will
make payment to the contractor or LPA.
14. Construction Engineering by LPA or Consultant - The LPA shall be
reimbursed ninety five percent (95%) of the federal share of
construction engineering costs expended by submitting claim vouchers
to the STATE not more often than once per month during the progress
of the work. Upon approval of the claim voucher by the STATE, the
STATE will request Federal-aid funds from the Federal Highway
Administration for the amount of the subject claim voucher. Upon
receipt of Federal-aid funds, the STATE will make payment to the LPA.
15. The LPA's share of the project cost shall be the amount as determined
by the procedure outlined in Section 11 of this Agreement. From the
LPA's share thus computed, there shall be deducted all previous payments
made by the LPA to the STATE. Billings to the LPA for its share of
project costs shall be due and payable 30 days from date of billing by
the STATE. If the LPA has not paid the full amount due within 60 days
past the due date, the STATE shall be authorized to proceed in accordance
with IC 8-14-1-9 to compel the Auditor of the STATE of Indiana to make
a mandatory transfer of funds from the LPA's allocation of the Motor
Vehicle Highway Account to the Indiana Department of Highways' account.
16. The LPA, prior to final acceptance of the project by the STATE and the
Federal Highway Administration, shall place and maintain informational,
regulatory, and warning signs or other markings and traffic signals
necessary for proper traffic operations of the project subject to the
approval of the STATE and the concurrence of the Federal Highway
Administration.
17. After the completion of the construction work in accordance with the
Paae 6 of 9
112
2
18.
plans and specifications and the approval thereof by the LPA, the State
and Federal Highway authorities, the LPA shall control the Highway
described in this agreement and shall provide all maintenance,
satisfactory to the STATE and the Federal Highway Administration,
at the LPA's expense.
During the contract period and for three (3) years from the date of
final payment the LPA shall maintain all books, documents, papers,
accounting records and other evidence pertaining to the cost incurred
and shall make such materials available at their respective offices
at all reasonable times for inspection by the Federal Highway
Administration, the STATE, or other authorized representatives of any
unit providing money for the project and copies thereof shall be
furnished if requested.
The LPA agrees to hold harmless and indemnify the State of Indiana,
the Indiana Department of Highways and the Federal Highway Administration
from any and all liability for any act or omission committed, suffered
to be committed, or omitted to be done, by any office, agent, employee,
servant or contractor of the LPA under this agreement.
20. Pursuant to I.C. 22-9-1-10 the LPA and its subcontractor, if any, shall
not discriminate against any employee or applicant for employment, to
be employed in the performance of work under this Agreement, with respect
to hire, tenure, terms, conditions or privileges of employment of any
matter directly or indirectly related to employment, because of race,
color, religion, sex, handicap, national origin or ancestry. Breach of
this covenant may be regarded as a material breach of the Agreement.
Insofar as authorized by law this agreement shall be binding upon the parties
hereto, their successors or assignees.
19.
Page 7 of 9
THIS AGREEMENT shall not be effective unless and until approved by the
Attorney General of Indiana, or his authorized representative, as to legality
and form.
IN WITNESS WHEREOF, the State of Indiana and the LPA, through their
respective officials, have hereto executed this agreement.
BOARD OF PUBLIC WORKS
ignature
David J. Kiester
Director of Public Works
Sxanature
CosetCe R.
Dir. of Administration and Finance
(Print or type name and title)
signature
Lawrence D. Consalvos
Director of Public Safety
(Print or type name and title)
Signature
STATE OF INDIANA
INDIANA DEPARTMENT OF HIGHWAYS
John P. Isenbarger
Director
Daniel A. Novreske
Deputy Director - Administration
APPROVED AS TO LEGALITY AND FORM
(FOR)
Linley E. Pearson
Attorney General
(Print or type name and title)
-4^
Mayor win Moses, Jr.
ATTEST:
Clerk-Treasurer
Helen Gochenour-Clerk
Page 8 of 9
H2
ACK NOWLEDGMENT
STATE OF INDIANA
COUNTli' OF (tLZ±^
On this cj? L ''^ day of — 19|£_ there appeared before
me, a Notary Public in and for said (County) David J. Kiester, Director ,
Cosette E. Simon, Director , Lawrence D. Consalvos, Dir. ^ Win Moses, Jr., Mayor
and Helen Gochenour, Clerk- Treas . respectively, of the Board of P'Alie WorksiSaf et;
of City of Fort Wayne, Indiaafld stated that the above agreement was signed
and attested in behalf of said (City)
("€o uftt y }
(-Tov.-n)
Witness my hand and seal this J, i ^ day of >7-7^-^^'- , 19 -^^
My conunission Expires
3-1-^
.f fyLUni . Notary B^lic I ~~
. ACKNOWLEDGMENT
ST.ilTE OF INDIANA
COUNTY OF MARION
On this day of , 19 there appeared
before me, a Notary Public in and for said County,
Director of the Indiana Department of Highways, and acknowledged the execution
of above agreement in behalf of the State of Indiana.
Witness my hand and seal this day of .
19 ,
My Commission Expires
Notary Public
Pano 9 of 9
AGREEMENT
BETWEEN
THE CITY OF FORT WAYNE, INDIANA
AND
McNAMEE, PORTER AND SEELEY OF ANN ARBOR, MICfflGAN
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of this A ^rJ^ day of , 1986
between the City of Fort Wayne, Indiana (OWNER) and McNamee, Porter and Seeley, a
registered co-partnership (ENGINEER).
SECTION 1 - ASSIGNMENT
OWNER wishes ENGINEER to perform professional engineering services, to serve as
OWNER'S professional engineering representative and to provide professional engineering
consultation and advice for a professional fee (as set forth below) in connection with the
furnishing of a water treatment pilot plant (capacity 0.2 gpm) to pilot test split treatment
and alternate feed points for chemicals, and engineering services as requested by the OWNER
from time to time for assistance in operation, consultation, review of operating results,
advice and report on pilot testing.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 ENGINEER shall perform the following professional services if requested by the
OWNER:
2.1.1 Consult with OWNER to clarify and define OWNER'S requirements relative to
the Assignment and review available data;
2.1.2 Advise OWNER as to the necessity of OWNER'S providing or obtaining from
others special services and data required in connection with the Assignment
(which services and data ENGINEER is not to provide hereunder but on which
ENGINEER may rely in performing services hereunder), and act as OWNER'S
representative in connection with any such services of others;
2.1.3 Provide analysis of OWNER'S needs with evaluations and comparative studies
of prospective solutions;
2.1.4 Prepare a Report of ENGINEER'S findings and recommendations.
Page 1
2.2 Additional professional services related to the Assignment will be performed by
ENGINEER on request of OWNER.
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall:
3.1 Provide all criteria and full information as to OWNER'S requirements and designate a
person with authority to act on OWNER'S behalf on all matters concerning the
Assignment;
3.2 Furnish to ENGINEER aU existing studies, reports and other available data and
services of others pertinent to the Assignment, and obtain additional reports and data
as required; and ENGINEER shall be entitled to rely upon aU such information and
services in performing services hereunder;
3.3 Arrange for access to and mal<e all provisions for ENGINEER to enter upon public and
private property as required for ENGINEER to perform his services hereunder; and
3.4 Perform such other functions as are indicated as foUows:
Furnish 0.2 gpm raw water for operation of pilot plant.
Furnish chemicals.
Furnish operating personnel.
Furnish wood platform to support pilot plant.
Furnish staff for erecting, operating, maintaining and dismantling of pilot
plant.
SECTION 4 - PERIOD OF SERVICE
ENGINEER shall start performing services hereunder upon receiving a signed Agreement, and
wiU complete such services within 200 days.
SECTION 5 - PAYMENT
5.1 OWNER shall pay ENGINEER for services under Section 2 an amount based on the
following schedule of hourly rates (including overhead and profit), rental charges for
equipment, travel costs and expense charges:
Pilot Plant rental fee - $1,000 per month.
Hourly rate schedule for MPS personnel assigned to project:
Partner $85.00/hour
Special Consultant $67.00/hour
Division Manager $67.00/hour
Engineer VI $60.00/hour
Engineer IV $46.00/hour
Engineer II $33.00/hour
Field Technician I $21.00/hour
Page 2
Expenses at cost plus 15%.
Car travel at SOit/mile.
The total value of services and expenses to be provided under this Agreement shaU not
exceed $18,000.
5.2 ENGINEER shall submit monthly statements of services rendered and Reimbursable
Expenses.
5.3 ENGINEER'S above charges are on the basis of prompt payment of bills rendered and
continuous progress of the work on the Assignment until submission of the Report.
5.4 If OWNER fails to make any payment due ENGINEER for services and expenses within
sixty days of the date of ENGINEER'S invoice therefor, the amount due ENGINEER
shall include a charge at the rate of one percent per month from said sixtieth day.
5.5 Definitions
5.5.1 Reimbursable Expenses means the actual expenses incurred directly or
indirectly in connection with the Project for: transportation and subsistence
incidental thereto; obtaining bid or proposals from Contractor(s); toll tele-
phone calls and telegrams; computer time sharing and related costs; repro-
duction of reports, Drawings, Specifications, and similar Project-related
items in addition to those required under Section 2; and, if authorized in
advance by OWNER, overtime work requiring higher-than-regular rates.
5.5.2 Hourly rates, equipment rental rates, and mileage charges wiU be adjusted
each year on July 1.
SECTION 6 - COST CONTROL
6.1 Opinions of probable construction cost, financial evaluations, feasibility studies,
economic analyses of alternate solutions and utilitarian considerations of operations
and maintenance costs prepared by ENGINEER hereunder wiU be made on the basis of
ENGINEER'S experience and qualifications and represent ENGINEER'S best judgment
as an experienced and qualified design professional. It is recognized, however, that
ENGINEER does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors' methods of
determining their prices, and that any utilitarian evaluation of any facility to be
constructed or work to be performed on the basis of the Report must of necessity be
speculative until completion of its detailed design. Accordingly, ENGINEER does not
guarantee that proposals, bids or actual costs will not vary from opinions, evaluations
or studies submitted by ENGINEER to OWNER hereunder.
SECTION 7 - MISCELLANEOUS
7.1 The obligation to provide further services under this Agreement may be terminated (a)
by OWNER with or without cause upon seven days' written notice to ENGINEER and
Page 3
)
(b) by ENGINEER for cause upon seven days' written notice to OWNER. In the event of
any termination, ENGINEER will be paid for all services rendered to the date of
termination, all reimbursable expenses and termination expenses.
7.2 This Agreement shall be binding on the OWNER and ENGINEER, as well as their
respective successors and assigns.
7.3 Nothing herein shaU be construed to give any rights or benefits hereunder to anyone
other than OWNER and ENGINEER.
7.4 This Agreement (consisting of four pages), constitutes the entire Agreement between
OWNER and ENGINEER and supersedes aU prior written or oral understandings
between them in respect of the subject matter covered hereby. This Agreement may
only be amended, supplemented, modified or cancelled by a duly executed, written
instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
CITY OF FORT WAYNE, INDIANA
By: Board of Public Works & Safety
BY:
David J. Ki€(^ter
Director of Public Works
BY:
Cosette R. Simon
Director'.Qf^Administration and
Finance
ATTEST:
BY:
Clerk
Director of Public Safety
McNAMEE, PORTER AND SEELEY
WITNESS:
PARTNER!
Page 4
114
117
7i- ^^-9
IMPROVEMENT RESOLUTIOM
FOR CURB AND SIDKWAT.Tf
NO. 6043-flfi
silewaiL'onf""'""' — ary to improve by replacing curbs and
1) HOAGLANn AVE. FROM PONTTAC Tr. WILnwonn - PAOF_pTp
This area also known as FAIRFIRT.n ' as
all In accordance with the profile det;, i i <= ^
specifications on file in the offinVtV Zl ' drawings, and
L°Ie^red!"^ ^^'^'^ ^ ^^^^ ^^-^^^^^^^^
Jll^ben^^^i^^ fSiS he^^un^Twi°f/bt^^o S^"^^ ^"^^ ^^^^^
the City of Fort Wayne and that no general public of
to any property owner adjoining said t^^.^"^^^^^ "^^^
assessable under said improvement Thl ^""P^ovement or otherwise
Adopted, this / ^
day of '77l.<u-<LVL y
19
BOARnf OF PUBLIC wo:
ATTEST:
Secretary and Clerk
I
HOWARD NEEOLES TAMMEIM & BEp^^lMPOFF^. ^ |
February 26, 1986
Mr. David Keister, Chairman and Members
Board of Public Works and Safety
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Re: Engineering Services
Project Close Out
Sludge Handling Facilities
City of Fort Wayne
Gentlemen:
f fV,o ntv of Fort Wayne In a meeting on
rebrX"T,"l."8rra""re:se1 fo%^Airenglneerlng services for tbe
following activities:
.ssist tbe City of Fort "^yne " attend ^^^^^^^^l^^l^^:^,
of Health representatives and fj^-^^ ^^^^^ the Corps of
"".•""';;;r. ..." """"""
on-site pilot tesuiiie i
...... ... c, -.•r;,s.»-"i.:s.r;tr'A'-rHs?.
funding for anaerobic "gestlo" PS .^^^ ^.^^^ C180774
„i, n ffrant amendment uuuet
through a 8'^^°'^ Treatment Project).
(Advanced Wastewater Treatment
, O S„ es.a. 3333 .n.l.n.po,,.. ,n-,... 3"
A«:l.ll.cl. E^»l~er. Pl.nn.- ^ 3 j„„son PE Damsl J p|
z:« w .a,c„s r..?:;.. m., co,,,, p.. f "r^.r, err: p'^— ^^^^^^^ „m,..->.«e,*»vo.«v.
118
0
'S4
HOWARD NEEDLES TAMMEN & BERGErMDOFP
L.J FIl. iL, ,;i 3-01
February 26, 1986
Mr. David Kelster, Chairman and Members
Board of Public Works and Safety
City-County Building
One Main Street
Fort Wayne, Indiana 46802
Re: Engineering Services
Project Close Out
Sludge Handling Facilities
City of Fort Wayne
Gentlemen:
In accordance with the desires of the City of Fort Wayne In a meeting on
February 5, 1986 we are pleased to offer engineering services for the
following activities:
1. Assist the City of Fort Wayne to attend meetings with State Board
of Health representatives and provide additional documents and
Change Order appeal support data required by the Corps of
Engineers and State Board of Health to close out EPA Project No.
C180538 (Division 1 Water Pollution Control Plant Expansion).
2. Review the Second Amendment to the Facilities Plan and related
documents for sludge thickening system evaluation,
3. Develop a cost and performance evaluation for Waste Activated
Sludge thickening utilizing dissolved air floatation or
centrlf ugatlon methods. Performance evaluation would include
on-site pilot testing by one or more centrifuge manufacturers.
4. Assist the City of Fort Wayne with the potential obtalnment of
funding for anaerobic digestion upgrading and sludge thickening
through a grant amendment under EPA project grant C180774
(Advanced Wastewater Treatment Project).
Archllects Englm
• Planm
P.O Box 68S67, 3333 Founder! Lane. India
, Indiana 462ee, 317 872-3160
Partners James F Finn PE. Paul L Heineman PE, Gerald F. Fox PE, Browning Crow PE, Charles T Hennigan PE Edgar B Johnson PE Daniel J WaUrms PE.
Daniel J Spigai PE. John L Cotton PE. Francis X. Hall PE. Robert S. Coma PE. Donald A Oupies PE, William Love AIA, William c Me'edilh PE. Robert 0 Miller PE.
James L Tuiite. Jr PE. Hugh E Schall PE
Aasoclalea Daniel J Appel PE Robert W Richards PE. Don R On PE Frederick H Sierbenz PE. Robert B Koltfnar PE. Kendall T. Lincoln CPA. Jack P Shedd PE.
RoOeds W Smilhem PE Jack C Thompson PE Richard D Beckman PE. John A Eggen AIA Harry D Be'tossa PE Ralph E Robison PE, Cecil P Counts PE.
Stephen G GodOard PE Harvev K Hammond, Ji PE Stanley 1 Mast PE Robert W Anzia PE, Gary C Goodman AIA, waller Sharko PE. Goidon H Staney. Jt PE.
James O Russell PE Roland Wads/.orlh. Ji PE Ross L Jensen AIA Frank T Lamm PE Alexander F Sitady PE John W Wght PE Thomas K Dyer PE.
RonatO W Aarons AIA H Jerome Butiet PE, Blaise M Caiiieie PE, Michael P IngaiOia PE Bernard L Pnnce PE, Stephen B Quinn P£
Olllcea Alenandria VA, Ailania, GA, Baton Rouge. LA Boston. MA, Cape Coial, FL. Casper Wv. Charleston, SC, Chaiteston, WV. Chicago IL. Cteyeland. OH. Dallas, TX,
OenverCO, Fairtield, NJ. Houston TX, Indianapolis. IN. Kansas City. MO. Leiihglon, MA. Los Angeles CA Mami.FL, Milwaukee, Wl. Minneapolis MfJ. Newark DE, New York, NY.
Orlando FL. Overland Park. KS. Philadelphia. PA. Phoenin, AZ. Sealtle, WA Tampa. FL. Tulsa. OK. Penang. Malaysia. Rio do Janeiio. Brazil
Mr. Bavid Kelster, Chairman and Members
Fort Wayne Board of Public Works and Safety
Page 2
Febr iary 26, 1986
5, Design sludge handling facilities Improvements based upon
recommendations and conclusions of facilities cost evaluation.
The above services for tasks No. 1 through 4 above would be accomplished
under the terms of our general services agreement dated October 16, 1984
and accepted on October 31, 1984, A proposal for services for task No. 5
will be established under separate authorization following task No. 3 cost
evaluation.
For budgetary purposes, the estimated cost for engineering services for
Task No. 1 - $5,000; the estimated cost for Task No. 2 - $1 ,000.; the
estimated cost for Task No. 3 - $15,000; and Task No. 4 - $5,000. The
above estimates shall not be exceeded without prior written approval from
the Board.
If you find the terras of this proposal acceptable, please sign, date and
return two copies for our files.
We appreciate the opportunity to continue to serve the City of Fort Wayne.
Very truly yours,
HOWARD NEEBLES TA1#IEM 4 BERGENDOFF
Roteft
Partner
ACCEPTED and AUTHORIZED to procei
led: TilU^ui^ I ^, 1986
WATER POLLUTION CONTROL PLANT
TREATMENT AGREEMENT
BETWEEN
THE CITY OF FORT WAYNE, INDIANA
AND
THE TOWN OF GRABILL, INDIANA
THIS AGREEMENT (hereinafter referred to as "Agreement") entered
into this ^ 'tJ day of ^lln.'t,:^ ^ 198 C . by and between
the CITY OF FORT WAYNE, INDIANA, a municipal corporation of the
State of Indiana (hereinafter referred to as "Contractor") , and the
TOWN OF GRABILL, INDIANA, a municipal corporation of the State of
Indiana (hereinafter referred to as "Contractee") . • .
WITNESSETH THAT:
WHEREAS, Contractee has installed a sewage accumulation system
in and around the Town of Grabill in the County of Allen (herein-
after referred to as "Grabill System") ;
WHEREAS, Contractee has been required by the Regulatory Agencies
to abandon its present wastewater treatment system;
WHEREAS, Contractor has a sewage treatment plant with capacity
available for the treatment of sewage accumulated in the Grabill
System;
WHEREAS, Contractor has heretofore adopted, and may hereafter
from time to time adopt amendments to an ordinance and regulations
pertaining to the discharge of waste, sewage, and other materials
into its sewage treatment plant, facilities, and lines;
WHEREAS, Contractee is desirous of discharging waste sewage
into the Contractor's sytem for treatment subject to full compliance
by itself and all of its customers with the terms and provisions
of said existing ordinance and regulations of Contractor as well
as all amendments thereto as Contractor may adopt, or make hereafter;
provided, however, that the terms and provisions of such existing
ordinances and regulations of Contractor as well as all amendments
thereto as Contractor may adopt, or make hereafter shall be the same for
the Contractee and its customers as those imposed upon like Concractees
and their customers ;
119
t-or is agreeable to contracting with Contractee
WHEREAS, Contractor is agreeaoj-e
i7a<!t-e only upon and subject
"^"::r:^: r: :::: :n ... ...
,„d their customer. » that i.pos.d upon Contractor.,
Contractees and ttieir cu&u
their contractees and their respective custo:ners ;
.OW THEREFORE. Contractor agrees to provide Contractee wxth
sewage t:eat.ent and disposal service through Contractee ■ s connection
„i.U the Leo-Cedarville Sewer Syste. for treatment and disposal
.he sewage accumulated through the CrabiXI S.ste. to the .oiXow.ng
terms and conditions:
1 Effective Date. It is understood and agreed between the
parties t;;r;;:;r^act shall become effective after its execu-
tion and approval by the Board of Public Wor.s and Co™ Council
Grabill and any courts having jurisdiction over acts of said Board.
Xt is also understood and agreed that this Agreement is also subject
to the approval of the Indiana Stream Pollution Control Board, the
Indiana Board of Health, and any other Federal, or State regulatory
agency as may be required by Law.
^ This Agreement shall continue in fuii
2 Term of Agreement. Inis Agreeuicnu
force and effect for twenty (20) consecutive years from the first date
of connection, or rendering of service hereunder.
This Agreement shall continue in full force and effect for an
indeterminate number of five (5) year terms after the initial term
unless one (1) of the parties hereto shall notify the other party in
v^iting at least three (3) years prior to the expiration of the
original term, or any additional five (5) year term, of its desire
not to continue the Agreement. In the event that there has been a
change in physical conditions, or rates applicable to liKe Contractees
and like customers of such Contractees within the three (3) year
period prior to the expiration of the original term, or any additional
five (5) year term, then the terms and conditions of any renewal
hereunder shall be renegotiated in order to reflect the effect of
such changes and the terms and conditions of this Agreement.
/
3 . Interconnection. Contractee shall connect to the sanitary
sewer lines of the Leo-Cedarville Regional Sanitary District at
a point specified by the Leo-Cedarville RSD.
The purpose of the tap-in shall be to transport Contractee 's
sewage through the Leo-Cedarville RSD lines to the Fort Wayne sewer
system for treatment. If a new tap-in is agreed to hereunder by
the parties, Contractee will prepare, provide, and construct, at its
expense the following:
A. Engineering plans and specification for the force
main sewer line, pumping station, measuring devices
and/or appurtenances to connect the Grabill System
with the present Fort Wayne System at the designated
tap-in points , with copies of such plans and speci-
fications to be given to the City of Fort Wayne
at least two (2) vjeeks before the same are submitted
for approval to the Indiana Stream Pollution Control
Board and the Indiana Board of Health in order to
allow Fort Wayne to review and make written comment
with respect to said submissions .
B. The easements relating to any land over which the
transporting force main sewer line is to be con-
structed are to be obtained and recorded.
It is expressly understood and agreed by and between the parties
that all costs of the tap-in, including the planning, inspection,
and construction of any transporting force main sewer line to said
tap-in point shall be borne exclusively by Contractee.
All tap-ins, plans, specifications, engineering and work to be
performed by Contractee shall be subject to the prior written approva
of Contractor.
4 . Acceptance and Treatment of Sewage.
A. Responsibility for Delivery and Transportation. Contractee
shall be solely responsible for delivery of the sewage material to
the metering point and/or tap-in point in a form suitable for passage
through the Fort Wayne sewer line system. The metering point and
tap-in point are located as shown on Exhibit "A". Said sewage
material shall be delivered from the Contractee 's sewage line system
to the tap-in point connecting its sewer line into the sewer lines
of Leo-Cedarville Regional Sanitary District by a force main.
Leo-Cedarville Regional Sanitary District shall transport the
sewage material from that point to the connecting point of the
Leo-Cedarville RSD lines to the Fort Wayne Sewer System; and
Contractor shall be solely responsible for transporting the sewage
material within its sewer system to its sewage treatment facilities.
- 3 -
B. Treatment. Contractor shall be solely responsible for
the proper treatment and transportation of the sewage materials
received from Contractee in accordance with the requirements and
standards of the Indiana Stream Pollution Control Board, Indiana
State Board of Health and the Environmental Protection Agency.
C. Sewage Materials Acceptable. Contractee shall comply
in every regard where applicable with Chapter 24 of the Code of the
City of Fort Wayne, Indiana of 1977, and as amended from time to time
thereafter and to the extent such amendment is applicable equally
to all of Contractor's, Contractees , and their respective customers,
and specifically, but not limited to Article III, Prohibited Industrial
Discharges, and the Rules and Regulations of the U.S. Environmental
Protection Agency. Contractor shall be under no obligation whatever
to accept any type of waste, or toxic materials, if said waste, or
material is a prohibited dischage under rules of any regulatory
agency having jurisdiction in the circumstances. It is recognized
to by Contractee that Chapter 24 of the Code of the City of Fort
Wayne, Indiana of 1977, may be amended from time to time so as to
change the type of wastes which must be accepted by Contractor
from like Contractees, and the parties specifically agree to such
amendments.
Upon discovery that unacceptable sewage material as defined by
Chapter 24 of the Code of the City of Fort VJayne , Indiana of 1977,
as amended to equally affect all like Constractees from time to time,
or waste, or materials deemed unacceptable pursuant to Rules and
Regulations duly promulgated by any regulatory agency having juris-
diction are being transmitted by the Contractee 's connection to
Fort Wayne's system;
(1) Contractee shall immediately cease delivery of such materials
and/or waste upon verbal notification and confirmation thereof in
writing, within twenty-four (24) hours.
(2) If Contractee shall fail to cease said transmission
immediately, Contractor may, at its option, without liability and at
Contractee 's cost:
(a) Cut off the user, if such Is ascertainable, which is
found to be delivering unacceptable sewage to the
Contractee 's sewer system;
- 4 -
15 9
Cb) Cease servicing the entire Contractee system
and cease accepting all sewage transmission from
Contractee until the cause for such action is remedied
to the satisfaction of Contractor, the U.S. Environ-
mental Protection Agency, and the Indiana Stream
Pollution Control Board. Provided, however, if the
U.S. Environmental Protection Agency or Indiana
Stream Pollution Control Board shall order the
restarting of servicing. Contractor shall comply
with such order.
(c) Contractee shall bear all liabilities and costs
which Contractor may incur, or be liable for, in
its sole discretion, caused either by the further
transmission of said unacceptable sewage by Con-
tractor, exercise of its rights hereunder; or both.
D. Volume. In the event of flow which averages more than 0.23
cfs (0.15 mgd hereafter "base mgd") for any 90 day period (hereafter
"qualifying period") then an additional treatment plant capital
charge (hereafter "surcharge") will be paid by Contractee, subject
to the following provisions:
(1) The surcharge shall be equal to the capital charge
(as approved by EPA) for Contractor's treatment rate for all users
multiplied by the ratio of the excess mgd during the qualifying period
to the base mgd expressed in and collected for per 100 cu. ft. thereof.
(2) In no event shall Contractor be required to accept
sewage from the Town of Grabill in volumes of flow which average
more than double base mgd for any subsequent qualifying period.
E. Cost of Treatment.
(1) Rate. Contractee agrees to pay to Contractor for the
conveyance, treatment and billing of sewage flow received at the
metering point both in respect of the volume and composition of such
flow as set out in the contract rate attached hereto as Exhibit "B".
As provided in said rate schedule, as approved by EPA and all legisla-
tive and regulatory bodies having jurisdiction thereof, Contractee
agrees to pay, when applicable, any zone surcharge, excess strength
surcharge, or flat charge so provided for.
The rate set forth in Exhibit "B", it is understood by the
parties, will be subject to annual review and adjustment whenever
the rates charged all other contract users are reviewed and adjusted;
and such adjustment shall not be discriminatorily increased, as com-
pared with adjustments for other contract users.
(2) Measure of Voliome. Contractee shall install a
proper and adequate metering device for the purpose of measuring
the volume of sewage materials delivered to the metering point on
Exhibit "A" for treatment, and to provide sampling and monitoring
capability. Said metering and sampling devices shall be constructed
in a manner and in a place acceptable to Contractor. The design
of meters and metering points shall be approved by Contractor
and shall provide for the following metering devices:
1. Magnetic Flow Meter - to be similar to those presently
in place within the Leo-Cedarville transportation system.
2. ISCO Model 1680R, or American Signa Model 6300
Automatic Sampler
Each such device shall be subject to the inspection, testing and appro-
val of each party at all times. For these purposes, and for the pur-
poses of reading and recording data from said meter, each party shall
at all times have complete and free access to said metering point
and devices .
The cost of planning, designing, building, and installing metering
point, or points and devices including acquisition of real estate
shall be borne exclusively by Contractee. In addition, Contractee
shall asstime complete responsibility, including costs for installation,
maintenance and repair of said metering devices, and will further
defray any costs incurred by reason of testing of the metering
devices as requests may be made by Contractor from time to time, provided
such requests are reasonable as to frequency and nature of tests
required .
Sampling devices shall be capable of providing a twenty-four
(24) hour composite taken hourly and shall be installed and maintained
by Contractee. The location of such sampling devices and the specifi-
cations thereof, shall be approved by the Contractor.
Composite twenty-four (24) hour sampling will be conducted at tne
minimum of weekly intervals. Parameters to be tested shall include
pH, suspended solids, COD, BOD phosphorus, metal ions, total nitrogen,
and other testing as required to satisfy Indiana Stream Pollution
Control Board and the U.S. Environmental Protection Agency regulations.
- 6 -
.Material samples as received from the sampling device shall
be available to both contracting parties. In the event the Con-
tractor provides testing for such samples, the reasonable cost
of providing such services shall be paid by Contractee, but such
charges shall not be more than the charges made for like services
to like Contractees.
(3) Payment. The volume of sewage accepted by Contractor
into its sewage system for processing from Contractee as measured
by metering devices previously specified shall be determined on, or
about the first Monday of each calendar month and shall be billed
to Contractee within thirty (30) days thereafter for all charges
applicable under rate schedules then in effect for the previous
thirty (30) day metered period. Such charges shall commence on the
first day sewage is accepted by Contractor into its sewage system
from Contractee for processing. Payment shall be made by Contractee
promptly, without the right of set-off, within twenty (20) days
after being billed by Contractor.
(4) Rate Covenants of Contractee. Contractee shall institute,
maintain, and enforce a system of user charges in accordance with
Section 204 B (1) , Public Law 95-217 as amended and supplemented
and guidelines and regulations promulgated by EPA from time to time
thereunder. Contractee shall provide evidence of continuing compli-
ance therewith as required by Contractor and pursuant to foregoing
legislation and rules.
Contractee shall adopt and enforce ordinances providing for rates ,
rules and regulations and use of its sewage system which are in
conformity with reasonable requirements adopted and enforced by the
Contractor for the purpose of permitting the Contractor, on a
continuing basis, to be awarded grants from the State of Indiana and
from EPA and other governmental agencies which may now, or in the future
offer grants incident to the treatment and collection of sewage.
F. Billing. Contractor will be responsible for reading the meter-
ing devices at the metering and tap-in points designated in paragraph
4. A. above and for billing the Contractee therefore in accordance
with rate schedules then in effect.
- 7 -
119
5 . Litigation. Contractee agrees and undertakes to hold harm-
less and indemnify Contractor from any damages arising from Contractee 's
operation of the Grabill System. Contractor agrees and undertakes
to hold harmless and indemnify Contractee from any damages arising
from Contractor's operation of the Fort Wayne treatment system.
6 . Compliance with Rules, Regulations, Standards, and Laws.
The parties of this Agreement shall comply with all State and Federal
regulations, standards, and laws regarding the collection and
treatment of sewage and the operation of their respective systems .
7 . Right of First Refusal and Service Area. During the term
of this Agreement, or any extension thereto, Contractee shall not expand
the service and planning area of the Grabill System, as said System is
identified in Exhibit "C" attached, without prior approval, in writing of
Contractor. However, such approval shall not be withheld except
for good cause shown.
8. Remedies in the Event of Default. In the event that Contract-
ee shall default hereunder and said default is not cured within
thirty (30) days of written notice of same, or in the event said
default is not of a type which can be cured within thirty (30) days ,
or Contractee is not proceeding with due diligence to cure said
default within thirty (30) days of written notice of same, or if
Contractee shall fail to make any payments hereunder within thirty
(30) days after said payment is due to Fort Wayne (no notice being
necessary in the event of non-payment) , then Contractor may apply
to any court of competent jurisdiction for the appointment of a
receiver to administer all matters relevant to the Grabill System,
and to fix, charge, and collect rates for such service. If a
receivership is ordered and collection is realized from such receiver-
ship proceedingss , such collection shall be paid out as follows:
First, to payment of any delinquent and all current
sewage charges to the City of Fort Wayne;
Second, to payment of expenses of operation, repair
and maintenance of the Contractee 's sytem;
Third, to payment of any Town of Grabill revenue bond
obligations, or matured long-term debt;
Fourth, the overage, if any, shall be paid to the Town of
Grabill.
- 8 -
119
Contractee reserves the right to appear in such action and
oppose the appointment of such receiver.
9 . Inspection and Enforcement.
(a) Contractee shall, within thirty (30) days from date
hereof, furnish to Contractor a written list of names, and addresses
of all commercial and industrial users in Contractee 's system, the
nature of each users' business, and the name of a responsible person
to be contacted at each such user. Contractee shall keep said listing
current as to additional, or deleted users.
(b) Contractee shall cause the terms and provisions of said
Chapter 24, all amendments thereof and all applicable rules and regu-
lations of Contractor to be part of each agreement, or contract
which it has with each such commercial and industrial user, as
well as its own rules and regulations and governing authority.
(c) Contractee hereby appoints Contractor's Board of Public
Works & Safety as its agent with full authority and license to enforce
through the Contractee 's Attorney, the provisions of the Contractee 's
Sewer Use Ordinance (SUO) and all applicable State and Federal regu-
lations upon the customers of the Contractee at Contractee 's expense.
Failure by the Contractee to take effective and appropriate enforce-
ment action against any customer for a violation of its SUO, or any
pretreatment standard of any State, Interstate, or Federal authority
within ten (10) days of its discovery shall result in a charge of
$1,000.00 per violation. After the ten (10) day self enforcement
period each day that any such violation continues shall constitute
a separate offense. In the event Contractee 's Attorney fails to
take such effective and appropriate enforcement action within ten
(10) days, then Contractor, as Contractee 's agent shall be authorized
to take appropriate action through its own Attorney, all at Contract-
ee ' s expense.
(d) Contractee shall within one hundred and twenty (120)
days from date hereof, or prior to interconnection, have their Sewer
Use Ordinance approved by Contractor.
(e) Contractor shall invoice Contractee for monitoring
and laboratory services performed by Contractor in monitoring, sur-
veillance, and testing of individual Commercial and Industrial
users of Contractee 's system at the same rate as Contractor custo-
marily charges its own customers. Contractee shall pay all such
charges within thirty (30) days of date of such invoice. Contractee
shall seek, to recover such charges from its own customers , but
its failure to secure such payment shall not release, abate, or in
any manner relieve it of its obligation to pay Contractor.
10. Notices . Any notices required, or desired to be given unde
this Agreement may be served personally, or by mail. Any notice
given by mail shall be deemed to have been served upon certified
mailing, return receipt requested, postage prepaid, addressed to the
party to be served at the last address filed by such party with the
other party. As of the date of the execution of this Agreement,
Contractor's address is:
Board of Public Works & Safety of the
City of Fort Wayne
City-County Building
One Main Street
Fort Wayne, Indiana 46802
and the Contractee 's official address is:
Town of Grabill
Town Hall
Grabill, Indiana 46741
11. Benefit . All of the provisions of this Agreement shall
inure to the benefit of, and shall be binding upon, the successors
and assigns of this Agreement.
- 10 -
APPROVED AT TO FORM AND LEGAL ITY
CityoAiMomByATTOHNEr
- 11 -
STATE OF INDIANA )
) SS:
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public in and for said County and State,
this I
day of
, 198^, personally appeared Winfield
C. Moses Jr., and David J. Kicster, Cosctte R. Simon, Lawrence D. Consalvos and
Helen Gochenour, the above-named Mayor and Members and Clerk of the Board of Public
Works and Safety of the City of Fort Wayne, who acknowledged the execution of the
foregoing Agreement and that the same is their free act and deed.
IN WITNESS IVllEREOF, I have hereunto subscribed my name and affixed my Notary
day of
Seal, this ^
i
0^^^ A- Nptary Public
A /esident of /Q^^^i- - County , Indiana
My Commission Expries:
STATE OF INDIANA )
) SS:
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public in and for said County and State,
this 3rd day of Inarch , 198^,6 personally appeared
Alleen Kipfer , M.Joanne Sauder , R.E. Miller
and Jeff Gray
the above-named Clerk/Treasurer and Members of the
Town Board of the Town of Grabill, Indiana who acknowledged the execution of the
foregoing Agreement and that the same is their free act and deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my Notary
Seal, this 3rd day of March issjf.^
A resident
iry Public
Allen County, Indiana
My Commission Expires:
Feb. 13. 1989
- 12
EXHIBIT B
-1 Volume Charge (cents per 100 cu. ftQ
Treatment 21.90
Capital Charge 12.88
5-1.78
-2 Variable Charge (cents per 100 cu. ft.)
A variable charge for conveyance and collection costs
attributable to the protion of the conveyance system
and operating costs associated therewith used by the
contract customer shall be computed by the City and
added to the Volume Charge.
-3 Flat Charge
In addition to the foregoing charges based on volume of
sewage treated and conveyed each Contractee will
pay a monthly billing charge of $.60 and a monthly sur-
veillance charge of $90.00.
-4 Excess Strength of Wastes Surcharge
In the event a contract customer contributes waste having
a strength in excess of domestic waste characteristics, ^3 defined
in Section 24-33 of the Fort Wayne Municipal Code, a surcharge
based on the following unit process charge will be in effect
for all waste found to be in excess of limitations.
Cents Per Pound
Suspended Solids - (SS) 4.304
Biochemical Oxygon Demand - (BOD) 4.300
Phosphorus - (P) 41.193
Ammonia - {NII3) 11.41
-S Capital Surcharge
In the event contract customer delivers sewage for treatment
to City for a period of 90 consecutive days which is in excess
of base MGD contracted for, then customer will be subject to an
additional capital cliarge computed at the capital charge (per
100 cu. ft.) then in effect times the excess percentage of MGD
represented by dividing actual MGD by contracted MGD.
-6 Other Provisions
In the event sewage received pursuant to any contract entered
into under this Section exceeds any of the limitations imposed
by this Chapter, the City shall have the right to impose all
charges, limitations, and penalties applicable to any non-
contract user by the City. Each contract entered into by the
City pursuant to the foregoing rate classification shall pro-
vide that the contract customer shall agree to enact and maintain
a Sewer Use Ordinance and User Charge System acceptable to the
City and in conformance with the City's obligations under Sec.
204 (b) (1). Public Law 92-500 as amended and supplemented and
guidelines and regulations promulgated thereunder by the U.S.
Environmental Protection Agency and 40 CPU 35-905-8, 35-928-1,
35-928-2, and 35-935-13.
120
AGREEMENT
THIS AGREEMENT, made and entered into this /.^j day of yirj^'-'^-^^^_
19l U' , by and between the city of Fort Wayne, Indiana
acting by and through the Board of Public Works , hereinafter
referred to as the ■'LOCAL PUBLIC AGENCY", and Clyd^E^illia.s U Associates, inc^
Indianapolis, Indiana
hereinafter referred to as the "CONSULTANT".
WITNESSETH
WHEREAS, the LOCAL PUBLIC AGENCY desires to contract for the Engineering
Services required for the preparation of final design plans and special provisions
for the project described below.
WHEREAS, the CONSULTANT has expressed a willingness to perfonn these
services .
NOW, THEREFORE, the parties hereto agree that said CONSULTANT shall provide
the services and documents, hereinbefore and hereinafter described, in relation to
the following described project or projects:
Roadway lighting to be installed on U.S. 30 (Coliseum Boulevard) from Lake
Avenue to U.S. 33 (Goshen Avenue) in the City of Fort Wayne, Indiana.
Preparation of a Combined Location-Design Study Report, preliminary plans,
contract plans and special provisions.
Paae i of 18 pages
120
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties hereto mutually covenant and agree as follows:
Section I. Services by CONSULTANT
The services to be provided by the CONSULTANT under this Agreement is as set
out in Appendix "A", attached to this Agreement, and made an integral part hereof.
Section II. Information and Services to be Furnished by LOCAL PUBLIC AGENCY
The information and services to be furnished by the LOCAL PUBLIC AGENCY is
as set out in Appendix "B", attached to this Agreement, and made an integral part
hereof.
Section III. Notice to Proceed and Schedule
The CONSULTANT shall begin the work to be performed under this Agreement
immediately upon receipt of the written notice to proceed from the LOCAL PUBLIC
AGENCY, and shall deliver the work to the LOCAL PUBLIC AGENCY in accordance with
the Schedule contained in Appendix "C", attached to this Agreement, and made an
integral part hereof.
The CONSULTANT shall not begin work prior to the date of the notice to
proceed.
Section IV. Compensation
The CONSULTANT shall receive payment for the work performed under this
Agreement as set forth in Appendix "D", attached to this Agreement, and made an
integral part hereof.
The cost principals contained in 41 CFR, Subpart 1-15.2, as modified by
Subpart 1-15.102 shall be adhered to for work under this Agreement.
Section V. General Provisions
1. Work Office
The CONSULTANT has or will establish a working office within the State,
or convenient thereto, at which it will be possible for the concerned representatives
to review and discuss proposed features of the work as the work progresses.
Page 2 of 18 pages
120
2. Employment
The CONSULTANT shall not engage, on full or part time or other basis
during the period of the Agreement, any professional or technical personnel who
are or have been at any time during the period of the Agreement, in the employ of
the Federal Highway Administration or the highway organization of any State, County
or City except regularly retired employees, without the written consent of the
public employer of such person.
3. Covenant Against Contingent Fees
The CONSULTANT warrants that he has not employed or retained any company
or person, other than a bona fide employee working solely for the CONSULTANT, to
solicit or secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the CONSULTANT,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach
or violation of this warranty the LOCAL PUBLIC AGENCY shall have the right to annul
this Agreement without liability, or, in its discretion to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
4. Subletting and Assignment of Contract
No portion of the work under the Agreement shall be sublet, assigned or
otherwise disposed of, except with the written consent of the LOCAL PUBLIC AGENCY.
Consent to sublet, assign or otherwise dispose of any portion of the work under
this Agreement shall not be construed to relieve the CONSULTANT of any responsibility
for the fulfillment of the Agreement.
5. Ownership of Documents
All documents, including tracings, drawings, reports, estimates,
specifications, field notes, investigation, studies, etc., as instruments of service,
are to be the property of the LOCAL PUBLIC AGENCY. During the performance of the
services, herein provided for, the CONSULTANT shall be responsible for any loss or
Page 3 of 18 pages
120
damage to the documents, herein enumerated, while they are in his possession and
any such loss or damage shall be restored at his expense. Full access to the work
during the progress of the work shall be available to the LOCAL PUBLIC AGENCY.
6. Access to Records
The CONSULTANT and his subcontractors shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the cost incurred and
shall make such materials available at their respective offices at all reasonable
times during the period of the Agreement and for three years from the date of final
payment under the term of the Agreement, for inspection by the LOCAL PUBLIC AGENCY,
Indiana Department of Highways, Federal Highway Administration or any other authorized
representatives of the Federal Government and copies thereof shall be furnished' if
requested.
7 . Compliance with State and Other Laws
The CONSULTANT specifically agrees that in performance of the services
herein enumerated by him or by a subcontractor or anyone acting in behalf of either,
that he or they will comply with any and all State, Federal, and Local Statutes,
ordinances, and regulations and obtain all permits that are applicable to the entry
into and the performance of this Agreement.
8. Responsibility for Claims and Liabilities
The CONSULTANT shall be responsible for all damage to life and property
due to activities of the CONSULTANT, his subcontractor, agents, or employees in
connection with such services, and shall be responsible for all parts of his work,
both temporary and permanent. It is expressly understood that the CONSULTANT shall
indemnify and hold harmless the LOCAL PUBLIC AGENCY and the State of Indiana from
claims, suits, actions, damages, and costs of every name and description arising
out of or resulting from the services of the CONSULTANT under this Agreement, and
such indemnity shall not be limited by reason of the enumeration of any insurance
coverage, hereinafter provided.
Page 4 of 18 pages
120
9. Status of Claims
The CONSULTANT shall be responsible for keeping the LOCAL PUBLIC AGENCY
currently advised as to the status of any clfiims made for damages, occurring from
entering upon private property, against the CONSULTANT resulting from services performed
under this Agreement. Upon completion of the field work by the CONSULTANT, the
LOCAL PUBLIC AGENCY is to be so advised as to the status of claims even though no
claims for damages occurred.
10. Workmen's Compensation and Liability Insurance
The CONSULTANT shall procure and maintain, until final payment by the
LOCAL PUBLIC AGENCY for the services covered by this Agreement, insurance of the
kinds and in the amounts hereinafter provided in insurance companies authorized' to
do such business in the State of Indiana covering all operations under this Agreement
whether performed by him or by his subcontractor. Before commencing the work, the
CONSULTANT shall furnish to the LOCAL PUBLIC AGENCY a certificate, or certificates,
in form satisfactory to the LOCAL PUBLIC AGENCY, showing that he has complied with
this paragraph. The certificate or certificates shall provide that the policies
shall not be changed or cancelled until ten (10) days written notice has been given
to the LOCAL PUBLIC AGENCY. In the event that such written notice of change or
cancellation is given, the LOCAL PUBLIC AGENCY may at its option terminate the
Agreement and no further compensation shall in such case be made to the CONSULTANT.
The kinds and amounts of insurance required are as follows:
(A) Policy covering the obligations of the CONSULTANT in
accordance with the provisions of the Workmen's
Compensation Law. This Agreement shall be void and
of no effect unless the CONSULTANT procures such
policy and maintains it until acceptance of the work.
(B) Comprehensive Policies of Bodily Injury Liability and
property damage liability insurance, including Owner's
or Contractor's Protective Coverage and a Save and Hold
Harmless Endorsement of the types herein specified each
with Bodily Injury Limits of Liability of not less than
$100,000.00 for each person, including death at any time
resulting therefrom, and not less than 5300,000.00 in any
one accident, and not less than 5100,000.00 for all damages
arisina out of injury to or destruction of property.
Page 5 of 18 pages
120 1
124
in Autonobile policies of Bodily Injury and Property Damage
ffa^lity.lnsurance of the types here^n sp^^^^
bodily injury ' ' ^^'^l^^ ° "° time resulting there-
for each person, ^njl"^;"? H p^nrone accident, and
vehicles.
XI. Progress Reports
The CONSULTANT shall sut^it a monthly Progress Report to the LOCAL
P.BLIC AOENCV by the tenth of each month, sho.ing progress to the first of the month
be superimposed the current status of the work.
12 rh^naes in VJork
,„ the ..ert th. LOCAL PMLIC AGE«C, retires a «J=. ch.n,, ,n sc.pS,
LOCAL PO.L,C ACLKC. ..3u.».n.. <n c„pens.L,.n t.e CO»SOLT..T, .p. . »
„e,c,.. OC PPP.St ..on..= - «
r:„ ..n,„. .pp. PC p^.- »' " - -""""^
in writing by the LOCAL PUBLIC AGENCY and IDOH.
n Delays ^ind Extensions
-^:::;;;;;:;^,^p.s l.. pp cpac^s c.,. -p. «
, n.p.»pe, .p,
„ „, « c™p.ps.Le. fPP »' , ,
. . t.e LOCAL PyBL.C »;E»CV ,n tPe e„rc-s. of Pp"."
: 1 1p..p.. ^P.e«^. « — " ,
p„ce.a LP ...P-.t. .P, sepv.c., pp .p, P^t
P..a PP.P e«.P«..Pp" .P«P.«P-a..
Page 6 of 18 pages
I
14. Abandonment and Termination
The LOCAL PUBLIC AGENCY reserves the right to terminate or suspend this
Agreement upon written notice.
(A) If the LOCAL PUBLIC AGENCY shill abandon the services
herein mentioned, the CONSULTANT shall deliver to the LOCAL
PUBLIC AGENCY all data, reports, drawings, specifications and
estimates completed or partially completed and these shall
become the property of the LOCAL PUBLIC AGENCY. The earned
value of the work performed shall be based upon an estimate
of the portions of the total services as have been rendered
by the CONSULTANT to the date of the abandonment and which
estimate shall be made by the LOCAL PUBLIC AGENCY in the
exercise of its honest and reasonable judgement for all services
to be paid for by lump sum and shall be based upon an audit for
those services to be paid for by cost plus fixed fee. The
payment as made to the CONSULTANT shall be paid as a final
payment in full settlement for his services hereunder.
(B) If at any time for any cause whatsoever, the CONSULTANT
shall abandon or fail to timely perfom any of its duties
hereunder, including the preparation and completion of plans
and specifications within the several times hereinbefore
specified, or within such further extension or extensions of
time as agreed upon, the LOCAL PUBLIC AGENCY may give written
notice, that if the CONSULTANT shall not, within twenty (20)
calendar days from the date of such notice, have complied with
the requirements of this Agreement, then the Agreement is deemed
terminated. Upon the mailing or delivery of such notice or
personnal delivery thereof to the CONSULTANT, and the failure of
the CONSULTANT within said described (20) day period to fully
Page 7 of 18 pages
12
ccwply with each and all requirements of this Agreement, this
Agre^ent shal V tenBinate and the LOCAL PUBLIC AGENCY r.ay by
any method it deems to be necessary designate and employ other
consultants by agreement or otherwise, to perform and complete
the services herein described. When written notice is referred
to herein, it shall be deemed given when deposited in the mail
addressed to the CONSULTANT at its last known address.
(C) In case the LOCAL PUBLIC AGENCY shall act under the last
preceding paragraph, then and in such event, all data, reports,
drawings, plans, sketches, sections and models, all specifications,
estimates, measurements and data pertaining to the proaect, prepared
under the tenms or in fulfillment of this Agreement, shall be delivered
within twenty (20) days to the LOCAL PUBLIC AGENCY. In the event
of the failure by the CONSULTANT to make such delivery upon demand,
,,en and in that event the CONSULTANT shall pay to the LOCAL PUBLIC
AGENCY any damage it may sustain by reason thereof.
15 Non-Discrimination
,A, Tb. C0«SUIT.»T .„d h,. subcont..c,... If ."». sh.n ™t discri-n.le
.,,„b a„, .Pl0,.e 0. .PPl,c.„t »P-o,..t, be „P>b,eb «e p.^fo^-bce
„ ™b=. tbis .,..»PPt. .nb .PSPPC. to b... teb„., c.nOn,o„, Pr
„ OP .P, -.t.P ..r.cb„ PP ,P..™c., P.>.«. t. .
cp....bt P.., P. P.9.P.i.» " . " . . ■
,be consult™, ,p Pba p.pfo-.PP. .pp> pp-- tb„ «,rPP.PPt
.,pb »e .P«.P SPOPPS Oep.P-PP. p' tP-P^oP-.P" —
PbP PPPfP™.PP= P' -
„s .ssigppps .PP suppps,.p> iP iPPPPPSP .,P.PS .s follows:
Page 8 of 18 pages
(1) Compliance with Regulations: The CONSULTANT will comply
with thp Regulations of the Department of Transportation
relative to nondiscrimination in federally assisted programs
of the Department of Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this
Agreement.
(2) Nondiscrimination: The CONSULTANT, with regard to the work
performed by it after award and prior to completion of the
Agreement work, will not discriminate on the ground "c:.
color, sex or national origin in the selection and retention
of subcontractors, including procurements of materials and
leases of equipment. The CONSULTANT will not participate
either directly or indirectly in the discrimination prohibited
by Section 21.5 of the Regulations, including employment
practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of •
Materials and Eouipment: In all solicitations either by
competitive bidd.ing or negotiation made by the CONSULTANT for
work to be performed under a subcontract, including procurements
of materials or equipment, each potential subcontractor or
supplier shall be notified by the CONSULTANT of the CONSULTANT'S
obligations under this Agreement and the Regulations relative
to nondiscrimination on the ground of race, color, sex or
national origin.
(4) Information and Reports: The CONSULTANT will provide all
information and reports required by the Regulations, or
directives issued pursuant thereto, and will permit access to
its books, records, accounts, and other sources of information,
and its facilities as may be determined by the LOCAL PUBLIC
AGENCY or the Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations or directives.
Where any information required of a CONSULTANT is in the
. exclusive possession of another who fails or refuses to furnish
this information, the CONSULTANT shall so certify to the LOCAL
PUBLIC AGENCY, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to
obtain the information.
(5) Sanctions for Noncomol i ance : In the event of the CONSULTANT'S
noncompliance with the nondiscrimination provisions of this
Agreement, the LOCAL PUBLIC AGENCY shall impose such contract
sanctions as it or the Federal Highway Administration may
determine to be appropriate, including, but not limited to,
(a) withholding of payments to the CONSULTANT under
the Agreement until the CONSULTANT complies, and/or
(b) cancellation, termination or suspension of the
Agreement, in whole or in part
Page 9 of 18 pages
1
(fi^ Tncorporation of Provisions: The CONSULTANT win include
protect the interests of the United States.
16 Successors and Assignees
The LOCAL PUBLIC AGENCY, insofar as authorized by law, binds itself
and its successors, and the CONSULTANT binds h.s successors, executors, administrators
and assignees, to the other part, of this Agreement and to the successors, executors.
administrators and assignees of such other part., as the case may be insofar as
a...orized by law. in respect to all covenants of this Agre.ent. Except as above
set forth, neither the LOCAL PUBLIC AGENCY nor the CONSULTANT shall assign, sublet
0. transfer its or his interest in this Agreement without the consent of the other.
17 MBE RpQuirements
Enterprise requirements as follows:
„f i-tio i PA and the U.S. Department
U) Policy - minorit b Sin ss enterprises as defined
of Transportation that minority opportunity to
in 49 CFR Part 23 shall ^^^^^^^''^"^'^"acts financed in whole
participate in the perfo^ance of contracts consequently.
rhe^SBrreqri^eftro} TcirArl app^y to this Agreement.
(2) .BE Obligation - The CONSULTANT agrees to --e3t^-;i:;-^imum
business enterprise as der ned in ^^^^^ contracts and
opportunity to P^'^ticipate in tne p ^^^^^^^ ^^^^
subcontracts financed in whole ^ ..j the CONSULTANT shall
rovided under this ^g^^^f^f^ ,^1 st ''accordance with A9 CFR
take all necessary and ^^asonable step^^ enterprises have the
Part 23 to ensure that -"^"O^l^y contracts. The
maximum opportunity t° compete for and pe ^^^^^^
CONSULTANT shall "Ot ^d^crimi^nate ^on ^the
national origin, or sex in the award and performance of U.S.
DOT assisted contracts.
(3) Failure to carry out these requirements shall constitute a breach
of contract and, after notification of the LPA, may result in
termination of the Agreement by the LPA or such remedy as the
LPA deems appropriate.
(4) The CONSUITANT shall notify the Indiana Department of Highways
when subcontracts are made with minority business enterprises.
The information submitted shall include the name of the business,
the dollar amount of the transaction, and the type of servica.
Page 11 of 18 pages
120
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement.
CONSULTANT
Attest
Secretary, R. L. Mark Chambers
LOCAL PUBLIC AGENCY
Bv: Board of
Davi^/^. Kieiter, Director
Dlvifej/n .of PjjtilV^^orks
CoWte B. aimon , Ntiirector
Division of-Admioi^tration & Finance
Division of Public Safety
Attest:
Helen V. Gochenour, Clerk
Approved as to Legality and Form
ASSOCIATE CITY ATTORNEY
Attorney for
Page 12 of 18 pages
1
ACKNOWLEDGMENT
State of Indiana County of jtorioB- ocJ/^j^'-^ , SS:
Before me, the undersigned Notary Public in and for said County personally
appeared Edgar Williams, Jr.. P.E., President and R.L. Mark Chambers, Secretary of
(Name of signers, their official capacity and Firm Name)
Clyde E. Williams & Associates, Inc.
and each acknowledged the execution of the foregoing agreement on this ' day
and each acknowledged and stated that he is
the party authorized by the said firm to execute the foregoing agreement.
Witness my hand and seal the said last named date.
My Commission Expires
Oj^^j V or- /v^i / o,. c ^ ; Jotary^Publ ic^
ACKNOWLEDGMENT
State of Indiana, County of , SS:
Before me, the undersigned Notary Public in and for said County personally
appeared David J. Klester, Dir., Div. of Public Works, Cosette R. Simon, Dir., Dlv- of
{Name of signers, their official capacity and Agency Name)
Admn. & Finance, Lawrence D. Consalvos , Dir. Dlv. of Public Safety, & Helen V. Gochenour , Clerk,
and acknowledged the execution of the foregoing agreement on this ^ day
of >r^.^^ , 19 i'^ .
Witness my hand and seal the said last named date.
My Commission Expires:
3-
CL..^^y cf i^ue^ Nota^ Public
Page 13 of 18 pages
CERTIFICATE OF CONSULTANT
I hereby certify that I am the President and duly authorized
representative of the firm of Clyde E. Hllliams & Associates. Inc. _, whose
address is 8925 North Meridian Street, Indianapolis, Indiana ^6260
and that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage,
contingent fee, or other consideration, any firm or person
(other than a bona fide employee working solely for the firm)
to solicit or secure this contract.
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or person
in connection with carrying out the contract, or
(c) paid, or agreed to pay, to any firm, organization or person
(other than a bona fide employee working solely for the firm)
any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out the
contract;
except as here expressly stated (if any):
I further certify that no employee, officer or agent or partner or any member of
their immediate families of this firm is employed or retained either ful 1 op part-time,
in any manner by the LPA; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Indiana Department
of Highways and the Federal Highway Administration, Department of Transportation,
in connection with this contract involving participation of Federal Aid Highway
Funds, and is subject to applicable State and Federal laws, both criminal and civil.
Page 14 of 18 pages
120
CERTIFICATE OF Fort Wayne, Indiana Board of Public Works
hereby certify that (^k) (we are) them^p^t.orR of the Board of Public Works & Safety
°T the City of Fort Wayne, Indiana . and thDt the Consultant or his representative
has not been required, directly or indirectly as an express or implied condition in
connection with obtaining or carrying out this contract to:
(a) employ or retain, or agree to employ or retain,
any firm or person, or
(b) pay, or agree to pay, to any firm, person or
organization, any fee, contribution, donation,
or consideration of any kind;
except as here expressly stated (if any):
(I) (We) further certify that no employee, officer or agent or partner, or any
member of their immediate families of the consultant is employed or retained either
full or part-time, in any manner by the LPA except as here expressly stated
(if any):
I acknowledge that this certificate is to be furnished to the Indiana Department of
Highways and FHUA, in connection with this contract involving participation of
Federal Aid Highway Funds, and is subject to applicable State and Federal laws,
both criminal and civil.
(Date)
Page 15 of 18 pages
120 ;
CERTIFICATION
PARTICIPATION BY MINORITY CONSULTANTS
1. The CONSULTANT agrees to carry out his ABZ policy in the award of sub-
contracts to the fullest extent consistent with the efficient performance,
of this Agreement. As used in this Agreement, the term "minority business
enterprise" means a small business that is both owned and controlled by minorities
or women. This means that minorities or women own at least fifty-one percent (51%)
of the business and that they must control the management and daily operations of
the business. Minorities include Blacks, Hispanics, American Inaians-Alaska-. "i-ives,
and Asian Americans. Also included are members of other groups, or other individuals,
found to be economically and socially disadvantaged by the -Small Business Administration
under Section 8(a) of the Small Business Act, as amended. For this purpose minorities
are limited to persons who are citizens or lawful permanent residents of the United
States. Status of MBE must be verified by the Indiana Department of Highways prior
to approval .
2. The CONSULTANT must execute the following certification which will be
deemed a part of this Agreement, to-wit:
(a) Do you intend to subcontract a portion of the work?
If answer to above is yes, you are required to take affirmative action
to seek out and consider minority business enterprises as potential sub-
contractors prior to any subcontractual commitment.
(b) The contracts made with potential minority business enterprise sub-
contractors and the results thereof shall be documented and made available to
the STATE and the FHWA when requested.
3. In those cases where negative certifications were submitted originally and
later circumstances dictate subcontracting a portion of the Agreement work, the
affirmative action contacts covered under Paragraph 2{b) of this certification
shall be performed.
4. No subcontracting will be approved until the CONSULTANT demonstrates his
compliance with Paragraphs 2(b) and 3 above. The CONSULTANT shall demonstrate his
compliance by submitting Form MBE-2 with each request to subcontract. The
CONSULTANT shall also submit additional documentation if requested to do so.
5. The CONSULTANT agrees to establish and conduct a program which will enable a
minority business enterprise to be considered fairly as subcontractors under this
Agreement. In this connection the CONSULTANT shall:
(a) Designate a liaison officer who will administer the CONSULTANT'S
minority business enterprise program.
(b) Ensure that known minority business enterprises will have an equitable
opportunity to compete for subcontractors, so as to facilitate the participation
of minority business enterprises.
Yes
No
X
Page 16 of 18 pages
120 1 !|
12
(c) Maintain records showing (1) procedures which have been adopted to
comply with the policies set rorth in this clause, including the establishment
of a source list of minority business enterprises, (2) awards to minority business
enterprises on the source list, and (3) specific efforts to identify and award
contracts to minority business enterprises.
(d) Cooperate with the STATE in any studies and surveys of the CONSULTANT'S
minority business enterprise procedures and practices that the STATE may from
time to time conduct.
(e) Submit periodic reports of subcontracting to known minority business
enterprises with respect to the records referred to in Sucparagrapn 5(c) =i:svc,
in such form and manner and at such times as the STATE may prescribes
Clyde E. Williams & Associates, Inc.
(Company)
President
(Title)
(Date) ^
Page 17 of 18 pages
12
(Form approved by the Attorney General)
NON-COLLUSION /l-FIDAVIT
STATE OF INDIANA )
COUNTY OF 41ARie«- S '^ ^yyJrzPM ^
The undersigned, being duly sworn on oath says, that he is the contracting
party, or, that he is the representative, agent, member or officer of the contracting
party, that he has not, nor has any other member, representative, agent, or officer
of the firm, company corporation or partnership represented by him, directly or
indirectly, entered into or offered to enter into any combination, collusion or
agreement to receive or pay, and that he has not received or paid, any sum of money
or other consideration for the execution of the annexed agreement other than that
which appears upon the face of the agreement.
Subscribed and sworn to before me this
19 '^^
My Commission Expires: ? ^'^
Cho^rr or- A'^i'i^'^'^:
day of
Notary Publ ic
Page 18 of 18 pages
120
J
APPENDIX "A"
Services by CONSULTANT
A. The CONSULTANT shall prepare a Combined Location - Design Study Report;
the report shall be developed in accordance with appropriate regulations and
requirements as approved by the Federal Highway Administration, the geometric
design standards and safety criteria adopted by the American Association of State
Highway and Transportation Officials and approved by the Department of Transporta-
tion, and as outlined in Volume 7, Chapter 7, Section 5 of the Federal Aid High-
way Program Manual. The report shall adequately locate and define the proposed
project for the later preparation of construction plans; such location and
definitions to be in sufficient detail so as to preclude the necessity of further
study .
The CONSULTANT shall set up and hold meetings, when needed, in coopera-
tion with the Local Public Agency, the Indiana Department of Highways, Planning
Agencies or Commissions, and civic organizations to determine local feelings and
to Insure proper coordination with the local populace.
The Categorical Exclusion (National List) shall be in compliance with
the requirements and procedures of the FHWA and the Indiana Department of High-
ways and shall be included in the Combined Location - Design Study Report.
B. The CONSULTANT shall prepare preliminary plans and preliminary esti-
mates of cost, which shall be in accordance with recommended Illuminating
Engineering Society-American National Standards Institute standards for such work.
The design shall also be in accordance with the current applicable requirements
of the Federal Highway Administration, Indiana Department of Highways and the
City of Fort Wayne, except as modified by supplemental specifications and special
provisions.
Page 1 of 3 Pages
1
It is intended that final plans consist of aerial base sheets at a
scale of 1" = 20' on which the roadway geometries and the proposed lighting
design are indicated. Where necessary, for purposes of improved legibility,
the aerial background will be removed.
Following approval of the preliminary plans and notification from the
Local Public Agency that Combined - Location Design Approval has been received,
the CONSULTANT shall prepare contract plans, special provisions for the specifii
tions, and final cost estimates for the construction of the roadway lighting
project.
The details of the work shall be as follows:
1. For the portion of the project between Lake Avenue and Clinton
Street the consultant shall:
a. Field review the previous intersection lighting that
was constructed
b. Review and reuse as much as possible of the previous
designs for the lighting that was completed
c. Verify existing circuitry and evaluate its capacity
to carry the additional loads caused by the proposed
installation.
2. For the portion of U.S. 30 between Clinton Street and Goshen
Avenue the consultant shall:
a. Conduct a field investigation of the area to establish
physical condition
b. Design new roadway lighting for this segment
c. Prepare plans, specifications and estimate for the
entire project.
Page 2 of 3 Pages
Appendix "A"
The cost estimate for construction shall be prepared according to the
current practices of the Indiana Department of Highways and shall include all
items of work required for the complete construction of the work, including all
temporary work necessary in connection therewith, but shall not include the cost
of such items of work for which the Local Public Agency, through its own forces
or through other party or parties will prepare detail plans. The unit prices
to be used shall be in accordance with the methods used by the Indiana Department
of Highways.
The CONSULTANT shall attend such conferences with the officials of the
Local Public Agency and other interested agencies as may be required in connection
with the work and to make his services available to the Local Public Agency during
the construction of the work for the interpretation of the plans where disagree-
ment may arise and for consultation during construction in the event unforeseen
or unusual conditions arise.
C. In fulfillment of this agreement the CONSULTANT shall comply with the
requirements of the appropriate regulations and requirements of the Indiana
Department of Highways and Federal Highway Administration.
Page 3 of 3 Pages
Appendix "A'
120 \
I*.
APPENDIX "B"
Information and Services to be furnished by Local Public Agency
The Local Public Agency shall furnish the CONSULTAOT with the following:
(a) All written views pertinent to the location or environmental
studies that are received by the Local Public Agency
(b) Conceputal Relocation Plan
(c) Traffic Assignments
(d) Transcript of the Combined Location-Design Public Hearing
(e) Biological Assessments
(f) Right-of-Way Acquisition Costs
(g) Pertinent data from the transportation planning process
(h) Archaeological reconnaissance and records check
(1) Ambient Noise
(j) Existing water quality data
(k) Suitable prints or copies of aerial photographs base maps, street
maps, existing surveys, city benchmarks, street centerline data,
existing and proposed street grades, cross sections, elevations
and survey reference points as are available without additional
field work on the part of the Local Public Agency
(1) Any other pertinent available information for the CONSULTANT'S use
in the execution of the work under this Agreement
(m) Plans of Existing bridges at this location
(n) Aquatic Survey
(o) Criteria for design and details for highways and structures such as
grades, curves, sight distances, clearances, design loadings, etc.
(p) Specifications and such drawings of highway and bridge standards as
are applicable to the project
Page 1 of 2 pages
All legal services as may be required for the development
of the project
Guarantee access to and make all provisions for the CONSULTANT
to enter upon public and private lands as required for the
CONSULTANT to perform work under the Agreement
Page 2 of 2 pages
Appendix
120 \
APPENDIX "C"
Schedule
All work by the CONSULTANT under this agreement shall be completed '
and delivered to the STATE no later than 180 calendar days after notification |
to proceed from the Local Public Agency, exclusive of Local Public Agency's |
review time.
For the purpose of contract control the work will be submitted by the
CONSULTANT to the Local Public Agency for review and approval within the following '
approximate time periods:
A. Combined Location - Design Study Report |
1. Preliminary Draft at the time of submission of Preliminary f
Field Check Plans
2. Draft at time of submission of Combined Location - Design !
Hearing Plans
3. Final at time of submission of Preliminary Plans for final approval
B. Environmental Statement
1. Documentation of National List of Categorical Exclusions
to be included in the Combined Location-Design Study Report.
C. Roadway Lighting Design
* 1. Preliminary Plan Details within 45 calendar days after receipt
from the Local Public Agency of notice to proceed
2. Preliminary Field Check Plans within 60 calendar days after
receipt from the Local Public Agency of notice to proceed
3. Final Field Check Plans within 60 calendar days after notifica-
tion from the Local Public Agency of Location - Design approval |
NOTE: Asterisk (*) indicates submission to Local Public Agency not required.
Page 1 of 2 Pages
!
I
1
Right-of-Way Tracings within 20 calendar days after approval
of Final Field Check Plans
Final Contract Plans for Preliminary Review within 30 calendar
days after approval of Final Field Check Plans
Final Tracings within 20 calendar days after approval of
preliminary review of the final plans
Page 2 of 2 Pages
Appendix
APPENDIX "D"
Compensation
A. Amount of Payment
1. The CONSULTANT shall receive as payment for the work performed
under this Agreement the total fee not to exceed $4A,325.00, unless a modifica-
tion of the Agreement is approved in writing by the Local Public Agency and the
Indiana Department of Highways.
2. The CONSULTANT will be paid for the work performed under this
Agreement, excluding the roadway soil survey and the foundation borings for
structures, on a lump sum basis in accordance with the following schedule:
a. Combined Location - Design Study and Report $ 825.00
b. Roadway Lighting Survey and Design $43 ,500. 00
B. Method of Payment
1. The CONSULTANT shall submit invoices to the Local Public Agency,
not more often than once per month during the progress of the work, for partial
payment on account for the work completed to date. Such invoices shall repre-
sent the value, to the Local Public Agency, of the partially completed work
based on the proportion which its percentage of completion bears to the total
cost of the fully completed work.
2. The Local Public Agency, for in consideration of the rendering
of the engineering services provided for in Section E of Appendix "A", agrees
to pay to the CONSULTANT for rendering such services the fees established
above upon completion of the work thereunder and acceptance thereof by the
Local Public Agency. •
Page 1 of 3 Pages
3. The Local Public Agency, for and in consideration of the rendering
of the engineering services provided for in Section A, Section B and Section C,
of Appendix "A", agrees to pay to the CONSULTANT for rendering such services
the fees established above in the following manner:
a. For the first fifty percent (50%) of completed work,
and upon receipt of invoices from the CONSULTANT and
the approval thereof by the Local Public Agency,
payments covering the work performed shall be due and
payable to the CONSULTANT, such payments to be equal
to ninety percent (90%) of an amount arrived at by
multiplying the percentage of the specified work
performed by the fee heretobefore set forth. From
the partial payment thus computed, there shall be
deducted all previous partial fee payments made to
the CONSULTANT.
b. After fifty percent (50%) or more of the work is com-
pleted, and upon receipt of invoices from the CONSULTANT
and the approval thereof by the Local Public Agency,
payments covering work performed shall be due and
payable to the CONSULTANT, such payments to be equal
to ninety-five percent (95%) of an amount arrived at
by multiplying the percentage of the specified work
performed by the fee heretofore set forth. From the
partial payment thus computed, there shall be deducted
all previous partial payments made to the CONSULTANT.
Page 2 of 3 Pages
Appendix "D"
c. Upon approval by the Local Public Agency after submittal
of the completed work, a sum of money equal to the fees
heretofore set forth, less the total of the amounts of
the partial payments previously paid to the CONSULTANT
under Sections B-4-a and B-4-b of this Appendix "D" ,
shall be due and payable to the CONSULTANT.
4. In the event of a substantial change in the scope, character or
complexity of work on the project, the maximum fee payable and the specified
fee shall be adjusted in accordance with item 12 (changes in work) , of the
General Provisions, set out in the Agreement.
5. In the event the CONSULTANT, upon written order from the Local
Public Agency, is required to perform extra work, not coming under the provi-
sions of item 12 (changes in work) noted above, the CONSULTANT shall receive
payment for such extra work on the following basis:
a. The time the CONSULTANT'S technical personnel, while
working directly on the extra work, shall be paid for
at the CONSULTANT'S actual payroll cost, plus negotiated
fixed fee.
b. Plus CONSULTANT'S other direct out of pocket expenses
Incidental to such work and as approved by the Local
Public Agency.
Page 3 of 3 Pages
Appendix "D"
MANHOURS REQUIRED
ROADWAY LIGHTING SURVEY
AND DESIGN
Principal
Project
Mana ger
Engineer
Associate
Engineer
Resident
Project
Representative
Technician
Party Chief
Draftsman
Reproduction
or
Stenographer
Associate
Draftsman or
Rodman
CATEGORIES OF WORK
Photogrammetry
100
Survey (Aerial Photo Control)
8
40
40
Plot, Check and Ink Plan Sheets
40
2
Prepare Title Sheet
4
4
Preliminary Design
4
226
192
6
Draft Special Provisions
4
10
Special Details and Tables
8
2
Preliminary Office Review Plans
to Utilities
4
8
8
Coordination with Utilities
li
2
Field Check, Conferences, Etc.
4
16
4
Final Office Review and
Plan Revisions
2
84
64
8
Final Special Provisions
2
6
Quantity Calculations
40
Final Plans, Special Provisions
16
8
8
Agency Approvals and Follow-up
2
8
4
NUl-IBER OF MANHOURS (TOTALS)
16
428
100
40
308
60
40
12
MANHOUR TABULATION AND FEE SDMARY
ROADWAY LIGHTING SURVEY AND DESIGN
Job Classification
Hourly
Rate
Number
of
Hours
Payro],!
Cost
1. PRINCIPAL
2. PROJECT MANAGER
23.30
16
$ 372.80
3. ENGINEER
17.85
428
7,639.80
4. ASSOCIATE ENGINEER
5. RESIDENT PROJECT REPRESENTATIVE
6. TECHNICIAN
13.30
100
1,330.00
7. PARTY CHIEF
17.70
40
708 . 00
8 . DRAFTSMAN
10.05
308
3 ,095.40
9. REPRODUCTION OR STENOGRAPHER
15.20
60
456.00
10. ASSOCIATE DRAFTSMAN OR RODMAN
6.95
40
278.00
TOTAL PAYROLL COST
$13 , 880 . 00
FEE SUMMARY
PAYROLL COST
$13 , 880 . 00
PAYROLL BURDEN S OVERHEAD (1.600)
22,208.00
TOTAL LABOR COST
36,088.00
FIXED FEE
5,413.20
EXPENSES
2,010.00
TOTAL FEE
$43,511.20
Use $43,500.00
MANHOURS REQUIRED
j LOCATION-DESIGN STUDY REPORT
1
Principal
Project
Manager
Engineer
Associate
Engineer
Resident
Project
Representative
Environmental
Analyst
Party Chief
Draftsman
Reproduction
or
Stenographer
Associate
Draftsman or
Rodman
CATEGORIES OF WORK
Draft Location-Design Study Report
1
6
3
4
' Final Location-Design Study Report
1
2
1
2
NUMBER OF MANHOLES (TOTALS)
2
8
4
6
12
MANHOUR TABULATION AND FEE SUMMARY
LOCATION-DESIGN STUDY REPORT
Job Classification
Hourly
Rate
Numb ex
of
Hours
Payroll
Cost
1. PRINCIPAL
2. PROJECT MANAGER
23.30
2
$ 46.60
3. ENGINEER
4. ASSOCIATE ENGINEER
5. RESIDENT PROJECT REPRESENTATIVE
6. ENVIRONMENTAL ANALYST
17.85
8
142 . 80
7. PARTY CHIEF
8. DRAFTSMAN
10.05
4
40.20
9. REPRODUCTION OR STENOGRAPHER
7.60
6
45.60
IC. ASSOCIATE DRAFTSMAN OR RODMAN
TOTAL PAYROLL COST
S 275.20
FEE SUMMARY
PAi:ROLL COST
$ 275.20
PAYROLL BURDEN & OVERHEAD (1.600)
440.32
TOTAL LABOR COST
715.52
FIXED FEE
107.33
EXPENSES
-0-
TOTAL FEE
$ 822.85
120 I igl
124
SURVEY AND DESIGN EXPENSE
SURVEY EXPENSE
Crew - 2 men for 1 week
400 miles per week
Meals - 2 men x 5 days x 1 week x $15.00 = $150.00
Lodging - 2 men x 4 nights x 1 week x $30.00 = 240.00
Travel - 1 week x 400 miles/week x $0.20 = 80.00
Total Survey Expense $ 470.00
DESIGN EXPENSE
2 men for 3 trips - 2 days per trip
300 miles per trip
Meals - 2 men x 2 days x 3 trips x $15.00 = $180.00
Lodging - 2 men x 1 night x 3 trips x $30.00 = 180.00
Travel - 3 trips x 300 miles/trip x $0.20 = 180 .00
Total Design Expense $ 540.00
Total Survey and Design Expense $1,010.00
AERIAL PHOTOGRAPHY
Airplane Rental $1,000.00
TOTAL EXPENSE $2,010.00
I
WATER MAIN IMPROVEMENT RESOLUTION
No..
1033
19 86 ^^^^/^C
erty HoMers in tKe tract to 6e imr>rL a^lo ZrZT^^uZl '^T'' '""^
Said water main, with all its appurtenances shpll k
dance with the plans and specifications no"'""f^ ""^tructed in accor
Department of Public Works of said City. ^^e
The cost of said improveinent shall be annnrM'^no^
property holders benefited, and upon the Citv of ^^^^
the City is benefited by said improvement III fcco^'din^T' "
manner provided for in the Acts of t-h» rl i f to the method and
Indiana. Indiana Code, li le .°L '35!^"^" /^^.^"""y °' '^e State of
36-9-20-19 effective September 1 1981 ll\ I 36-9-20-1 thru
amendatory thereto and supplemental thereof. °' Acts
Assessments, if deferred are ^n k= -j ■
With interest at the r^t^ Bo\ d^'f^U^ic'r^' -stallments
be financed by the Barrett Law Revolving if V ^^"^ ^"^^ ^^all
in the above entitled acts 111 nror.^H' ^""'^ provided for
water main improvement, as;essment of ""^ """'^
and issuance of bonds 'there ore shfu ?'""' collection of assessments
entitled acts and all ^^e^^^' ^J'lT
ADOPTED this/:i^Ly of Ti:)^^^^^^^
1986.
BOARD OF PUBLIC WORKS S SAFETY
ATTEST:
DAVID J. KifiSTER
DIRECTOR OF PUBLIC WORKS
iMJ.
HELEN V. GOCHENOUR, CLERK
COSETTE R. SIMON
DIRECTOR OF ADMINISTRATION S FINANCE
/ 1 ' \_ fl\
LAyjRENCE D. CONSALVOS
DiRECTOR OF PUBLIC SAFETY
IMPROVEMENT RESOLUTION
FOR CURB AND SIDEWALK
NO. 6038-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve by replacing curbs and
sidewalks on:
HANNA STREET FROM BUCHANAN TO TABER - BASE BID
This area also known as HANNA-CREIGHTON ' 86
all in accordance with the profile, details, drawings, and
specifications on file in the office of the Department of Public
Works and Safety of said City; and such improvement is now
ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% BY COMMUNITY DEVELOPMENT & PLANNING DEPT.
Adopted, this / ^ day of '~J\^KJ^r'.\v / , 19 f ^ .
ATTEST
Secretary and Clerk
IMPROVEMENT RESOLUTION
FOR CURB AND SIDEWALK
NO. 6037-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve by replacing curbs and
sidewalks on:
H ALEXANDER STREET FROM COLERICK TO OXFORD - BASE BID
2) ABBOTT STREET FROM 3000 BLOCK TO OXFORD fSPOT SIDEWALK
REPLACEMENT) - ALTERNATE I
This area also known as PONTIAC PLACE '86
all in accordance with the profile, details, drawings, and
specifications on file in the office of the Department of Public
Works and Safety of said City; and such improvement is now
ordered .
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% BY COMMUNITY DEVELOPMENT & PLANNING DEPT.
Adopted,
. 19 10.
ATTEST:
Secretary and Clerk
7C -
AGREEMENT
for
SEWER EXTENSION
THIS AGREEMENT, made in triplicate, this iqth day of
Fehniarv , 1986, by and between GARY H. HILGEMAN,
PAMELA E. HILGEMAN and BETTIE J. HILGEMAN, hereinafter
referred to as "OWNERS" and the CITY OF FORT WAYNE, INDIANA,
by and through its Board of Public Works & Safety hereinafter
referred to as "CITY", WITNESSETH, THAT:
WHEREAS, the "OWNERS" desire to construct a local sanitary
sewer described as follows: Beginning at a new drop man hole
(manhole #1) to be constructed at the intersection of an
existing 10 inch ( Nor t h -So u t h ) sanitary sewer and the
beginning of a new 8 inch sanitary sewer herein described,
said drop manhole being located A84 feet East of Hadley Road
and 7 feet South of the South right-of-way line of Lincoln
Parkway: thence West, parallel and 7 feet South of said
South right-of-way line, a distance of 350 feet to a new
clean out manhole (manhole #2), being also the West
terminus of the new 8 inch sanitary sewer herein described
all within the 14 foot permanent easement granted by "OWNERS"
to the CITY OF FORT WAYNE, executed February 6, 1986, in
accordance with plans, specifications, and profiles
heretofore submitted to and approved by "CITY" and now on
file in the Office of the Chief Engineer of the Water
Pollution Control Engineering Department of "CITY" and known
Lincoln Parkway . ^ j ^ u ■
& Hadley Rd. Sewer drawn by p^yj^j flntlersQn under their
Commission Number 177I8 dated .laniia ry .
1 9 8 78 , which plans, specifications, profiles are by
/
/
J
/
reference incorporated herein and made a part hereof, which
sewer will serve not only land in which the "OWNERS" have an
interest, but also an adjoining land areas, and;
WHEREAS, the cost of construction of said sewer is
represented to be $ Y^nfi.nn composed of $6,000.00 for
construction costs, $800.00 for engineering services, $450.00
for legal fees and $ PRfi.OO for City Engineering and
Inspection Fees.
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and agreements hereinafter set forth, the
parties hereto agree as follows:
CONSTRUCTION OF SEWER
"OWNERS" shall cause said sewer to be constructed and
located in accordance with said plans, specifications and
profiles all approved by "CITY" under private contract to
be let within sixty (60) days after requisite "CITY"
approval .
All work and materials shall be subject to inspection by
"CITY" and the right of "CITY" to halt construction if
there shall be noncompliance therewith. Said sewer shall
not be deemed completed and/or permanently connected into
the sewer system of "CITY" until final acceptance by
"CITY". Upon acceptance by "CITY" said sewer shall
become the property of "CITY" and "CITY" shall accept
sewage therefrom subject to such sewage service charges
as may now or hereafter be regularly established by
"CITY" and all further maintenance thereafter shall be
borne by "CITY".
2
128
COST OF CONSTRUCTION
"OWNERS" agree to pay the entire cost and expense of
construction of said sewer, in cash, including "CITY"
engineering and inspection fees, and, to hold "CITY"
harmless from any liability for claims connected
herewith .
3. AREA OF "OWNERS"
Said sewer when accepted by the "CITY" will serve the
following described real estate:
PARCEL "B"
(owned by Gary H. Hilgeman and Pamela E. Hilgeman)
Part of the Northeast Quarter of Section 1, Township 30
North, Range 30 East, Allen County, Indiana, more
particularly described as follows, to wit:
Commencing at the North Quarter corner of said Section 1;
thence S 00° -00' W, on and along the West line of said
Northeast Quarter, being within the right-of-way of
Hadley Road, a distance of 938.87 feet to the point of
intersection of said West line with the Westerly
projection of the South right-of-way line of Lincoln
Parkway as dedicated in Document No. 73-30298 in the
Office of the Recorder of Allen County, Indiana; thence N
90° -00 ' E, on and along said Westerly projection and the
South right-of-way line, a distance of 179.81 feet to the
true point of beginning of the herein described parcel;
thence N 90° -00 ' E, on and along said South right-of-way
line, a distance of 170.46 feet; thence S 00°-00' W and
parallel to said West line, a distance of 326.33 feet;
thence S 90° -00 ' W and parallel to said South right-of-
way line, a distance of 170.46 feet; thence N 00°-00' E
and parallel to said West line, a distance of 326.33 feet
to the true point of beginning, containing 1.277 acres of
land, subject to all easements of record.
PARCEL "C"
(owned by Bettie J. Hilgeman)
Part of the Northeast Quarter of Section 1, Township 30
North, Range 11 East, Allen County, Indiana, more
particularly described as follows, to wit:
128
124
/
Commencing at the North Quarter corner of said
Section 1; thence S 00°-00' W, on and along the West line
of said Northeast Quarter, being within the right-of-way
of Hadley Road, a distance of 938.87 feet to the point of
intersection of said West line with the Westerly
projection of the South right-of-way line of Lincoln
Parkway as dedicated in Document No. 73-30298 in the
Office of the Recorder of Allen County, Indiana; thence N
90°-00' E, on and along said Westerly projection and said
South right-of-way line, a distance of 350.27 feet to the
true point of beginning of the herein described parcel;
thence N 9CP -00' E, on and along said South right-of-way
line, a distance of 178.58 feet; thence S 02°-54' W, a
distance of 326.75 feet; thence S 90°-00' W and parallel
to said South right-of-way line, a distance of 162.05
feet; thence N 00°-00' E and parallel to said West line,
a distance of 326.33 feet to the true point of beginning,
containing 1.276 acres of land, subject to all easements
of record.
As "OWNERS" will pay for the cost of construction of said
sewer as it pertains to the a bo v e -d es c r i be d real estate
for the construction of said sewer by the present or
future owners of said real estate except only as to such
standard tap-in, inspection fees and monthly sewage
treatment charges as are customarily charged by the
"CITY" for connections to "CITY" sewer mains and
treatment of sewage therefrom.
AREA CONNECTION CHARGE (Oversizing, etc., cost of
existing sewage works).
An area connection charge of $ ynn nn per acre must be
paid to "CITY" at the time of connection. This area
connection charge is in addition to the local charge as
set forth above, and represents the installation and/or
oversizing cost e x pe n d ed by "C ITY " for sewer line(s) known
as JlinVf nitrh <^prir-irp Arpa •
Resolution # 74-2206
4
128
5. BOND
This contract is subject to "OWNERS" and/or their
contractor furnishing a satisfactory Maintenance Bond for
25% the value of the sewer which shall guarantee said
sewer against defects for a period of one (1) year from
the date of final acceptance of said sewer by "CITY".
LIMITATION ON USE
Said sewer shall be constructed for disposal of sanitary
sewage only and neither the parties hereto, their
successors, or assigns, or any future owner of any land
serviced by said sewer, shall at any time discharge or
permit to be discharged or to flow into said sanitary
sewer, any water runoff caused by natural precipitation
or anything other than sanitary sewage or contaminated
waste in accordance with City Municipal Code.
124
7. WAIVER OF RIGHT TO REMONSTRATE AGAINST ANNEXATION
"OWNERS" for themselves, their successors in title and
assigns, waive and release any and all rights which they
may not or hereafter have to remonstrate against or
otherwise object to, interfere with or oppose any pending
or future annexation by "CITY" of any territory now or
hereafter owned by them as described in Article 3 herein,
or hereafter served by said sewer or any extension
thereof.
5
In future consideration and to induce "CITY" to execute
and ratify this contract, said "OWNERS", for themselves,
their successors and assigns, agree by this contract, to
vest in "CITY" the permanent right at its discretion to
annex to the City of Fort Wayne at any future time by
duly authorized ordinance to the said real estate
described in Article 3 herein.
"OWNERS" further agree that any deeds, contracts, or
other instruments of conveyance made by "OWNERS", their
successors or assigns transferring or conveying any
interest in and to any of the real estate described in
Article 3 herein, shall contain the waiver and release
provisions contained in this article which provisions
shall run with the land and the acceptance of the
delivery of any such instruments f rom"OWNERS" , their
successors and assigns by any grantee, vendee or contract
purchaser, shall be made subject to the terms of this
Agreementand shall constitute an acceptance of the
foregoing provision by said grantee, vendee, or contract
purchaser and their successors in title.
"OWNERS" further agree to record an executed copy of this
contract in the Allen County Recorder's Office with ten
(10) days of its adoption and approval by the Board of
Public Works & Safety of the City of Fort Wayne as
hereinafter provided.
And owner or owners of land which is now, or hereafter
located outside the corporate limits of "CITY" who
connect into the sewer constructed hereunder shall be
deemed to thereby waive his/her, their or its right to
remonstrate against or otherwise object to, interfere
6
with or oppose any pending or future annexation by "CITY"
of such land or of the territory in which it is located
or of the area served by said sewer. (I.C. 36-9-22-2, as
added by Acts 1981, P.L. 309, 395).
IN WITNESS WHEREOF, the parties have subscribed to this
Agreement the day and year first above written.
128
"OWNERS'
"CITY'/
G'ary H. Hilgeman (\ Win Moses , Jr., Mayor
Pamela e! Hilgeman'^
Bettie J. Hilgeaan
Board X) f Public Work^ & Safety
David j"! K i e ^t e r , Director
o f lie Works
CoVette R/'. SiraonN Director
of Administratiofr & Finance
Law^rence D.Consalvos, Director
of Public Safety
Helen Goche'nour, Clerk
ACKNOWLEDGEMENT
STATE OF INDIANA)
) SS :
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public, in and for said
County and State, personally acknowledged GARY H. HILGEMAN,
PAMELA E. HILGEMAN and BETTIE J. HILGEMAN who acknowledged
the execution of the foregoing Agreement as and for
their voluntary act and deed for the uses and purposes
therein contained.
WITNESS my hand and notarial seal this
Mi
day of
1986.
My Commission Expires:
J-
(J.
Notary Public
Resident of
1
7 , ; Cfunty
128 \f
STATE OF INDIANA)
COUNTY OF ALLEN )
ACKNOWLEDGEMENT
) SS:
Before me, the undersigned, a Notary Public, in and for said
County and State personally appeared Win Moses, Jr., Mayor,
David J. Kiester, Cosette R. Simon, and Lawrence D.
Consalvos, as the Board of Public Works S Safety of the City
of Fort Wayne, Indiana, and acknowledged the execution of the
foregoing Agreement as and for their voluntary act and deed
for the uses and purposes therein contained.
WITNES^S my hand and notarial seal this / 'f ^
, 1986.
day of
My Commission Expires:
Notary '?u b 1 i c
Resident of //
— t:
This instrument prepared by Gary D. Lebrato, Attorney at Law,
1014 Webster, Fort Wayne, Indiana 46802, 6429 Bluffton
Road., Fort Wayne, Indiana 46819.
8
■ 7/2 76-/9-/5
IMPROVEMENT RESOLUTION
FOR CURB AND SIDEWALK
NO. 6041-86
RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
FORT WAYNE, INDIANA,
That it is deemed necessary to improve Curbs & Sidewalks on:
WARSAW STREET FROM BOLTZ TO DALMAN fBASE BID)
MONROE STREET FROM BOLTZ TO DALMAN (ALTERNATE I)
DALMAN AVE. FROM WARSAW TO HANNA (ALTERNATE III
THIS AREA ALSO KNOWN AS OXFORD NPI'86.
all in accordance with the profile, details, drawings, and
specifications on file in the office of the Department of Public
Works and Safety of said City; and such improvement is now
ordered.
It is hereby found by said Board of Public Works and Safety that
all benefits accruing hereunder will be to the general public of
the City of Fort Wayne and that no special benefits will accrue
to any property owner adjoining said improvement or otherwise
assessable under said improvement. The cost of said improvement
shall be paid 100% BY COMMUNITY DEVELOPMENT & PLANNING DEPT.
Adopted, this L. day of . 19 f 6
BOARp OF PUBLie-vWORKS &^ SAFETY
Secretary and Clerk
128 ,|
7(. - y 9-/y .
RESOLVED By THE ^^^-^^29^
FORT WAYMP T„ BOARD OF PriRTT^
WAYNE, INDIANA, ^"^^IC WORKS AND SAFETY op
^hat it is rf„ °^ CITY OP
Approaches \n^/-f,-ce to i.p.,,,
It IS hereby f ""^m: is now
"^^^^-^^^-SSiSffifNITV dtV«,. ^ '^°st of sai,9 • °^'^^rwise
Adopted, this_^^_^
day of
BOAip-OF PUBLIC WOEKS ^ c
// "Si'KS & SAFETY
ATTEST
123
sill No. G-85-12-11
RESOLUTION 76-18-6
WHEREAS, ST. JOHN BAPTIST CATHOLIC CHURCH has
petitioned and requested the Fort Wayne City Plan Commission to
hold a public hearing upon the vacation of the following portion
of public street situated In Fort Wayne, Allen County, to-wit:
Commencing at the west curb line of Fairfield Avenue
(Northwest corner of Fairfield Avenue and Pasadena Drive)
and proceeding west across said curb and further west an
additional 131 feet to the intersection of the east
right-of-way line of the existing north-south alley; thence
South 50 feet; thence east 13t feet and further east
through curb line to the west curb line of Fairfield Avenue
(the southwest corner of Fairfield Avenue and Pasadena
Drive); thence north 50 feet to the point of beginning,
all in accordance with the terms of Section Ml, Chapter 171
of the Acts of 1917, of the General Assembly of the State of
Indiana, as amended by Section 3 of Chapter 385 of the Acts
of the General Assembly of the State of Indiana, Indiana Code
Section 36-7-1-512; and,
WHEREAS, notice of such public hearing has been given
by due and proper publication thereof;
WHEREAS, said vacation of portion of public street has
been routed through the following departments: Street Engineer-
ing, Traffic Engineering, Water Pollution Control Engineering,
Electrical Engineering, Park Board and through the Public Utility
Companies .
NOW THEREFORE, BE IT RESOLVED by the Fort Wayne Board
of Public Works that the vacation of said portion of public
street hereinbefore described conforms to the general policy and
pattern of development set out In the Master Plan of the City of
Fort Wayne, Indiana.
BE IT FURTHER RESOLVED by the Board of Public Works
that the vacation of said portion of public street hereinbefore
described be and the same is hereby approved subject to easements
as required by all public utilities occupying and using said
portion of public street or part thereof for the vacation and
operation of Its utility facilities shall not be deprived of said
use on account of these proceedings unless any said utilities
shall file a written consent to said vacation.
STATE OF INDIANA)
) SS:
COUNTY OF ALLEN )
I ■ ^IlB-Jlib^^lT-i i^I . Director of
the Board of Public Works, do hereby certil'y that attached hereto
is a full, true and correct copy of a resolution adopted by
the Fort Wayne Board of Public Works at their meeting held
tLij.^U>'La<i,(LA^y -tJ^^^-<-.a^ ^ , <^ , ? and as same appears
f record in the official rSteo^rds of the Board of Public Works.
of
DATED THIS^4'_ DAY OF ■•'z::^ ^jt..^J~-'S._,,<^4^^^ 1986
Cfts^tte R . Simon
Director of Administration & Finance
Resolution
Bill No . G-85- 12-11
Page two
Lawr/ence D. Consalvos
Director of Public Safety
123
A PeriT/oN
l/ACfiTjof^ Petition
7V> i'AC/irS TMB OeSCfiieEO
#172
PORT/ON Of PU31/C
A4AP r\fO. L I 5
COUNCIL MRNIC
DISTRICT
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Zoning:
iti fiesioenr/ftL o/st^/ct
Land Use:
Scale: l"=100'
18
Dale: //-2/-05
NORTH
tnis easement snaii oe renaerea nuxi ana voia ana snaii auromai^xuaxxy
extinguish. During that period that this easement is in full force
and effect, the Grantee, City of Fort Wayne, shall maintain the
property subject to the easement.
Vacation of a portion of Pasadena Drive
Engineering Comments:
1. Park Board - Ok to vacate
2. Water Engineering - Ok to vacate
3. Traffic Engineering - Not approved (See Attached) Underground fire alarm
cable on the south side of Pasadena would be affected.
4. Citizens Cable - Yes, we do require an easemnt for existing facilities,
5. GTE - Yes we do require an easement for existing facilities.
Remarks: GTE has a 4 multiple tile conduit system on Pasadena with
three (3) cables.
6. NIPSCO - Yes we do require an easement for existing facilities.
Remarks: There is an existing 4" cl which will be repleaced in the future.
7. I&M - Yes we do require an easement for existing facilities.
Remarks: The north 14' will be required.
building permit is received by the Grantor and construction is
commenced by the Grantor within ninety (90) days thereafter, then
this easement shall be rendered null and void and shall automatically
extinguish. During that period that this easement is in full force
and effect, the Grantee, City of Fort Wayne, shall maintain the
property subject to the easement.
J
COPIES TO;
Carl O'Neal
Max VanCamp
file (2) 1^
Memorandum
David Kiester, Chairman - 3oard of Works
From Walt Stout - Traffic Engineering
Date 10/11/85
Subisct Request For Vacation of Pasadena Drive
Please be advised our office has completed a traffic study
regarding the request to vacate a portion of Pasadena Drive from
Fairfield Avenue to the first alley west. The factual data
obtained in the study indicates there are 705 vehicles travelling
both east and westbound on Pasadena Drive between Fairfield Avenue
and Arlington Avenue and 631 vehicles both east and westbound on
Pasadena Drive between Arlington Avenue and South Wayne Avenue
(see copy of traffic count summary attached) . The accident
experience at the intersection of Fairfield Avenue and Pasadena
Drive indicates there have been six accidents in the past five
years: four of a right angle nature, one rear end collision, and
one accident involving a parked vehicle.
This is a major school crossing controlled by an adult crossing
guard. Pasadena Drive between Fairfield Avenue and Arlington Avenue
has been approved by the Board of Public Safety as a "Play Street'
during certain a.m. and p.m. hours as requested by Mrs. Terry Taulbe
Principal of St. John Baptist Catholic Church and School. Barricades
are placed at each end of Fairfield Avenue on school days to allov;
unobstructed use of Pasadena Drive for recreation purposes. This
has been a policy for the past several years to allow the street to
be blocked. In summary, it is our suggestion that the following
comments be considered to justify the vacation of the street:
1) Neighborhood association endorsement would be important
2) The north/south alley between Pasadena Drive and Clermont Drive
could become a very heavily used alley by those persons other than
residents
3} The existing traffic volumes are considerably higher than the
average residential street of a similar nature. This means the
re-directing of the adjacent streets of Sherwood Terrace and
Clermont Drive
4) Possible increase of emergency vehicle response time
5) Inconvenience to surrounding residents regarding increased length
of trip (3 blocks to go 1)
6) Possible increase in congestion and/or delay and also accident
experience at the intersection of Sherwood Terrace and Fairfield
Avenue, and Clermont Drive and Fairfield Avenue.
21
building permit is received by the Grantor and construction is
commenced by the Grantor within ninety (90) days thereafter, then
this easement shall be rendered null and void and shall automatically
extinguish. During that period that this easement is in full force
and effect, the Grantee, City of Fort Wayne, shall maintain the
property subject to the easement.
COPIES TO:
"""^ ' Memorandum
T David Kiester, Chairman - Board of Works
I o ; .
r „ Walt Stout - Traffic Engineering
rrom _i
D,t, 10/11/S5
c L' L Request For Vacation of Pasadena Drive
subject ^ . ,
If you have any questions regarding this situation, please feel free
to contact me .
Walt Stout
WS/kas
22
building permit is received by the Grantor and construction is
commenced by the Grantor within ninety (90) days thereafter, then
this easement shall be rendered null and void and shall automatically
extinguish. During that period that this easement is in full force
and effect, the Grantee, City of Fort Wayne, shall maintain the
property subject to the easement.
127
1 ■.■
FORT WAYNE TKAFTIC ENGINEEBING DEPART
. THAFFICODNTEB
Location 2 Pf^SfitniJfi (itr^eer^ ftRL.M6irt,J 4 S. WAYoe Month
Day
-Tmlfi. Ffil
Date
lo-lO
10- II -
1
Weather
1
Hour
LOt. 1
L ex.. 7-
A. H.
12 - 1
:>
1 - 2
O
2-3
0
o
3-4
\
1
4 - D
D
1
5-6
U
6-7
n
It,
7 ft
8-9
15
o — 1 n
^1
(4
10 - 11
1?
11 - 12
P. H.
12 - 1
2)0
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1 - 2
lb
25
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4-5
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3 1
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9-10
2(d
10 - 11
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11 - 12
H
Total
~1D^
fp3 I
1 o
Counter No.
1925
REt-'iARKS :
23
building permit is received by the Grantor and construction is
coiranenced by the Grantor within ninety (90) days thereafter, then
this easement shall be rendered null and void and shall automatically
extinguish. During that period that this easement is in full force
and effect, the Grantee, City of Fort Wayne, shall maintain the
property subject to the easement.
123
l/ACfiTioN Petition
. A P£r/T/oN TO vac^re rne oesc^/eeo
mi
PORT/OI^ Of PUBl/C
MAP NO. L /5
COUNCILMFIN/C Di STRICT /VO. S
! \:LtRMOMT
\:LtRMOMT
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Zoning :
Land Use:
/?/ fiEs/Denrmt D/srf(icT
18
Scale: /"- 200' Dale: //-^Z- 05
NORTH
building permit is received by the Grantor and construction is
commenced by the Grantor within ninety (90) days thereafter, then
this easement shall be rendered null and void and shall automatically
extinguish. During that period that this easement is in full force
and effect, the Grantee, City of Fort Wayne, shall maintain the
property subject to the easement.
23
2PaNT OF EASEMENT
WHEHBAS, St. .ohn-s The Baptist Church, of Fort •
xn.iana (".ranter") has petitioned the City Plan Co:n.iss.on
Wayne, md.ana ^ ^^^^.^^
of the City of Fort Wayne, Indiana
nvive Fort Wayne, Indiana;
Pasadena Drive, recommended a "do
WHEREAS, the Plan Commission has
■A Petition to vacate, subject to certain
p^ss" with respect to said Petition
conditions! rrantor to meet the
WHEREAS, it is the desire of the Grantor
■ „^ the Plan Commission,
conditions as required by the
NOW, THEREFORE, for Ten Dollars (?10.00)
■HhP receipt and sufficiency of
aood and valuable consideration, the receip
n „ood St John's The Baptist Church, of
v,-^h i=; hereby acknowledged, St. Joiu
which IS nereuy convey unto
Indiana ("Grantor") does hereby grant and
Fort Wayne, Indiana l ^ access easement
of Fort Wayne, Indiana ("Grantee") a public access
the City of Fort Way following described
.pen, across, through, under, over and above
.eal estate located within Allen County, Indiana, to-wit.
raillf^^en^!Lrth^e^f^
corner of Fairfield Avenue and
^o'rth-south'alley; the-e south
^°a"f«;hfr^erst^tfroiJ^ thf =urb
!ine to the west curb line of
...... « ... =..n„. ..o..- »o :
. ^ ^Qn^ Havs thereafter, tnen
A hv the Grantor within ninety (90) days tn
commenced by the ^.ram; automatically
.„t shall be rendered null and void and shall autom
this easement ^^^^
extinguish. During that period that this
property subject to the easement.
27
As long as this easement remains in full force and
effect, the Grantor shall not engage in any activity, unless
otherwise approved by the City of Fort Wayne, that would in any
fashion diminish or limit the public access easement as herein
granted. If it becomes necessary for the City of Fort Wayne to
institute a lawsuit to enforce the terms and conditions hereof,
the Grantor agrees that damages are insufficient and agrees that
the City has the right to injunctive relief, along with reasonable
attorney's fees.
IN WITNESS WHEREOF, the undersigned Grantor has
caused this instrument to be executed this g' day of /e hf'i *.•«;/,
1986.
ST. JOHN'S THE BAPTIST CHURCH
BY:
Father James J. 'Wolf, Pastor
i / ^
STATE OF INDIANA )
) SS:
COUNTY OF ALLEN )
Before me, the undersigned, a Notary Public, in and
for said County and State, personally appeared Father James J. Wolf,
and acknowledge the execution of the above and foregoing to be his
voluntary act and deed.
WITNESS my hand and official Notarial Seal this '
day of . 1986.
My Commission Expires: /^jj/^'XIxi^/ZU-^f-X^^^'i (^^2^'—tf~^
_ Notary Public
/ p-7
My County of Residence:
This instrument prepared by Dennis J. Grotrian, Attorney at Law,
Suite 200, Metro Building, Fort Wayne, Indiana, 46802.
128
7/ -
CITY UTILITIES
CONTRACT FOR SPECIAL CONSULTANT SERVICES
THIS AGREEMENT, made and entered into between CITY UTILITIES
of Fort Wayne, Indiana, acting through and by its BOARD OF
PUBLIC WORKS AND SAFETY, hereinafter called "UTILITY" and JAMES
E. SCOTT, an individual, residing in the City of Fort Wayne,
Indiana, hereinafter called "CONSULTANT":
WITNESSETH:
The UTILITY requires specialized consultant services
related to the following matters:
1. Continued advice as to upgrading and enhancement of
the computerized billing system, and assistance in the
design, development, testing and implementation of
specific computer programs; and
2. Assistance in the addition of control records to the
CIS Masterfile, creation of write-off account history
and assistance in the implementation of rate tables,
as required.
CONSULTANT represents that he is familiar with and capable
of performing the services required by the UTILITY.
CONSULTANT shall report to, and be assigned vrork by the
Director of Operations of the UTILITY, or her designee. In the
absence of any other designation, the Manager of the Data
Processing Department is designated.
CONSULTANT shall not be deemed to be an employee of the
UTILITY and in that regard, CONSULTANT shall be responsible for
any and all taxes of any kind or character with respect to
compensation paid to him or others claiming through him here-
under. In addition, CONSULTANT shall indemnify and hold harmless
the City from and against any and all liability of any kind or
character that results from performance of his duties hereunder.
THEREFORE, the parties agree that in consideration of the
sum of Thirty Dollars ($30.00) per hour of consultant time
devoted to providing such services, payable monthly in such
amount as is submitted and documented as hereinafter provided,
upon presentation of a claim therefore, the UTILITY engages
CONSULTANT to perform the required services, and the CONSULTANT
agrees to adequately perform the required services. All pro-
grams, memoranda and working papers shall be the property
of the UTILITY.
FURTHER, the parties agree, that from time to time, the
CONSULTANT may, subject to the execution of an additional
contract therefore, provide other related services. It is
1
f
r
intended that this contract covers the type and extent of
services performed heretofore at the hourly rate of Thirty
Dollars ($30.00), and shall not subject CONSULTANT to extensive
file maintenance or correspondence, research or specialized
program development.
Not more often than monthly, the CONSULTANT shall submit to
Director of Operations of said UTILITY, a voucher, an original
and one copy, together with a Certification of Claim, in dupli-
cate original, in such amount as is calculated by multiplying
the devoted hours during the period covered by said voucher, by
the hourly rate hereinabove established.
In no event, however, shall the compensation payable under
this Agreement exceed the sum of Fifteen Thousand Dollars
($15,000.00)
It is anticipated that the CONSULTANT shall be otherwise
employed and/or have other clients; nothing herein shall prevent
or prohibit the CONSULTANT from assigning the benefits hereunder,
but the CONSULTANT shall not delegate any work required hereunder
without the prior written consent of the UTILITY, (executed on
behalf of said UTILITY by the Director of Operations thereof) .
This Agreement may be terminated, at any time, by the
UTILITY, without cause (intending by this clause to allow the
UTILITY to terminate by written notice to the CONSULTANT and
payment by said UTILITY of all claims for services performed, or
for work in progress as of the date of termination) and upon
said termination, neither party shall have any further responsi-
bility or obligation hereunder.
EXECUTED AND DATED this / <=^' ' day of^^^^^^ y ~ ■ C
1986.
RESOLUTION 420-1986
"Miami Village Storm Sewer Separation"
R£SOL\rED by the Board of Public Works & Safety of the City of Fort Wayne Sf
of Indiana, that: '
The construction of a local sewer, intended and adapted only for use by
property holders, whose property abuts thereon, and not intended or adapted for
receiving sewage from collateral drains, be and the same is hereby ordered
and along the following described centerline:
Main Line: Beginning at a proposed manhole located 15± LF West
of Che centerline intersection of Cheyenne Drive and Miami Street-
thence East a distance of 760± LF; thence South along and parallel
with the West right-of-way line of Brooklyn Avenue, a distance of
780± LF; thence Southeasterly a distance of 130± LF terminating
at a point on the West bank of St. Mary's River.
Lateral 1: Beginning at a proposed inlet located 155± LF North
of the centerline intersection of Apache and Navajo courts; thence
North a distance of 250± LF terminating at a proposed inlet located
155± LF North of the centerline intersection of Cheyenne Drive and
Navajo Court.
Lateral 2: Beginning at a proposed inlet located 105± LF North
of the centerline intersection of Apache and Kickapoo Courts; thence
North a distance of 155± LF terminating at a proposed inlet located
35± LF North of the centerline intersection of Cheyenne Drive and
Kickapoo Court.
Lateral 3: Beginning at a proposed inlet located 20± LF North of
the centerline intersection of Apache and Iroquois Courts; thence
North a distance of 330± LF terminating at a proposed inlet located
160± LF North of the centerline intersection of Cheyenne Drive and
Iroquois Court.
Lateral 4: Beginning at a proposed inlet located 130± LF West of
the centerline intersection of Apache and Iroquois Courts; thence
West a distance of 125± LF; thence North a distance of 420± LF
terminating at a proposed inlet located 250± LF North of the centerline
intersection of Cheyenne Drive and Miami Street.
Said sewer shall be 12", 15"
18"
21", 24" and 30" in diameter.
Said Public Improvement project shall be with all appurtenances constructed
in accordance with the terms and conditions of the Resolution aforementioned
and the Plans, Profiles, Special Details, Special Provisions and Specifications
now on file in the Office of the Board of Public Works & Safety of said City.
IT IS HEREBY FOUND by the Board of Public Works & Safety of the City of Fort
Wayne that the cost of said improvement shall be paid by the Housing Authority
of the City of Fort Wayne, Indiana, out of monies from the Federal
Comprehensive Improvement Assistance Program.
ADOPTED this /c^, day oiZ:i'-e^^^'~h^c.<_iuu_,/,
1986.
By.
lJav><
J. Kie^t
■er. Director
(Sos^te R. Sin
('
on. Director
Lawrence D. Consalvos, Director
ATTEST :
Helen Gochenour, Clerk
r
'1
130
Bill NO. G-
-01-28
RESOLUTION 76-11-4
requested "the'' F^rt Wa°yne cftv" Plan °r '''^'^ • petitioned and
hearing upon the vacation o^f the fo?Tit^'°" ^ P'^''^^^
alley situated in Fort WayTe,°Ll\';f Cou^tyr tTwTt?'°" °' ^"^^^'^
anl^pproximatelv'' 123 ^ft^" ^"^th^^^terly from Wayne Trace
Street^r ^o^T^!rL^A\A^^^^^^ °^ -y
J.3U leet to -cne Southeast corner of sairi t,-,-h jn . j-i,
southeast and parallel to the Norhteast Une of slid ^ot *3
fine ^nf T% °fo ^^^^ *° ^ P"^"* located on th^ Northwest
^arair 1 ^o tt ^^^ortl;Lrl^t^l- e^^^^^^^^^^
witr\^he^^rrtreast^^1^Cr-o°fl„i^^^
drstanc^e 0%' ffetT^^^vf^^ rig"ht-of "w7y"^of "way^n^e Tral^a
0^0%^'"aTresf rn'ore'lfr itss!"' beginning, containing
all
o
f the ActfolTg.v'^nf^lt ^^/""^ °f ^^^^Pt^r
r yne Acts of 194 7, of the General Assembly of the StatP
.ndiana as amended by Section 3 of Chapter 38 5 ol the lc?f
by due and™^Ser'pub°l'L7ti°/n Tnfr.lt''" '^^^^'"^ ^^^^
K=<.^ 4. ™^^EAS, said vacation of portion of public allev has
\H -v^^^f- ^^^°^^h the following departments: Street Engineer-
ing Traffic Engineering, Water Pollution Control Engineerina
companies! ^"^^"^^^^"5' ^^^^ Board and through the Public utni?y
«^ r, . THEREFORE, BE IT RESOLVED by the Fort Wayne Board
all/v h'"" "S^?^ ^''^^ vacation of said portion of pubUc
pattern ^^H^^^?^^ described conforms to the general policy and
Fort'wayne,'fnd'iaTf"' °^ "^^^^ °^
th;,f ft, FURTHER RESOLVED by the Board of Public Works
descrih^^ r''^ i°r>, °^ ^^^^ portion of public alley hereinbefore
as r^mffr-oH I ^^1% ^^""^^^ approved subject to easements
Dortion public utilities occupying and using said
one^atinn^^^^^^^'l.fK^^^* or part thereof for the vacation and
operation of its utility facilities shall not be deprived of said
lh^^^ ■J'J ^^^^^ proceedings unless any said utilities
snail file a written consent to said vacation.
STATE OF INDIANA)
COUNTY OF ALLEN
) SS:
(-£<23fegJ , Director of
the Board of Public Works, ^ here'bp certify thIt"~Sttached hereto
r, ^"11' true and correct copy of a resolution adopted by
rne Fo^ Wayne Board of Public Works at their meeting held
r^-rr ^-f-'T-^^;^^''--*— ^ ^ / 9 ?^ and as same appears
record in the ofMcial records of the Board of Public Works.
[30
Resolution
Bill No. G-86-01-28 ,
Page two ^
DATED THIseS^^DAY OF(C^
FORT W,ft
David J. K^ester
Director of Public Works
Stosett^ R. Silt
Director of AdiMnistration & Finance
Lawrence D. Consalvos
Director of Public Safety
J.
30
ENGINEERING COMMENTS: Alley Vacation Bill No. G-86-01-28
First alley West of Roy Street
1. Traffic Engineering - No objection at this time.
2. Park Board - Ok to vacate
3. Water Engineering - No objection - no water lines affected.
4. I&M - Yes, we do require an easement for existing facilities.
5. GTE - Yes, we do require an easement for existing facilities.
6. Citizen's Cable - Yes, we do require an easement for existing facilities.
7. NIPSCO - Yes, we do require an easement for existing facilities.
Remarks: Building being constructed over alley - however, some
extension into alley will be required.
130
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BILL NO. G-86-01-25
RESOLUTION 76-11-2
WHEREAS, THOMAS G. BASTRESS has petitioned and
requested the Fort Wayne City Plan Coiiunission to hold a public
hearing upon the vacation of the following dedicated utility
easement situated in Fort Wayne, Allen County, to-wit:
Beginning at the northeast corner of Block "A" in Enterprise
Center, Section I (recorded in Plat Book 32, pages 69 and 70
in the Allen County Recorder's Office); thence west along
the south right-of-way line of Collins Road a distance
of 14 feet; thence south by a deflection of 90 degrees
left a distance of 211 feet; thence West by a deflection of
90 degrees right a distance of 36 feet; thence South by a
deflection of 90 degrees left a distance of 7 feet; thence
East by a deflection of 90 degrees left a distance of 50
feet to the east line of said Block "A"; thence North by a
deflection of 90 degrees left along said east line a
distance of 218 feet to the point of beginning.
all in accordance with the terms of Section 44, Chapter 174
of the Acts of 1947, of the General Assembly of the State of
Indiana, as amended by Section 3 of Chapter 385 of the Acts
of the General Assembly of the State of Indiana, Indiana Code
Section 36-7-4-512; and,
WHEREAS, notice of such public hearing has been given
by due and proper publication thereof;
WHEREAS, said vacation of a dedicated utility easement
has been routed through the following departments: Street
Engineering, Traffic Engineering, Water Pollution Control
Engineering, Electrical Engineering, Park Board and through the
Public Utility Companies.
NOW THEREFORE, BE IT RESOLVED by the Fort Wayne Board
of Public Works that the vacation of said dedicated utility
easement hereinbefore described conforms to the general policy
and pattern of development set out in the Master Plan of the City
of Fort Wayne, Indiana.
BE IT FURTHER RESOLVED by the Board of Public Works
that the vacation of said dedicated utility easement hereinbefore
described be and the same is hereby approved subject to easements
as required by all public utilities occupying and using said
portion of public street or part thereof for the vacation and
operation of its utility facilities shall not be deprived of said
use on account of these proceedings unless any said utilities
shall file a written consent to said vacation.
STATE OF INDIANA)
) SS:
COUNTY OF ALLEN )
I,
the Board of Publ
is a full, true
3lic Works, do ^reby-i:ertify th
Director of
that attached hereto
and correct' copy of a resolution adopted by
the Fort Wayne Board of Public Works at their meeting held
^^ajl^ ^-<:,-^-<--<'-<-«*--i--^^^ — ■ ^^^j ^ ^""^ same appears
of record in the cifficial records of the Board of Public Works.
DATED THIS
FORT
iS86
'J/ Kiester
Director of Public Works
Resolution
Bill No. G-86-01-25
Page two
131
I
m A PETITION TO VACATE THE DESCRIBED
PORTION OF UTILITY EASEMENT
Petition #045
VACATION: Existing 14' wide utility easement 7' of an existing utility easement
in Enterprise Center Addiltion, Section I, Block A.
ENGINEERING REMARKS:
1 . Street Engineering
No problems.
2. Street Light Engineering
Approved.
3. Traffic Engineering
We have no objection at this time.
4. Park Board
Ok to vacate.
5 . Water Pollution Control Engineering
City of Fort Wayne does not maintain any sewers within the proposed vacation.
Therefore, this department approves this proposal.
RE: Vacation of the North 7' of a 14' easement in Enterprise Center, Section A,
Block A.
1. GT&E
Yes, we do require an easement for existing facilities.
2 . ' Cox Cable
No, we do not require an easement.
3. ISM
No, we do not require an easement.
4. NIPSCO
No, we do not require an easement.
RE: Vacation of a 14' easement in Enterprise Center, Section A, Block A.
1. GT&E
No, we do not require an easement.
2. Cox Cable
No, we do not require an easement.
3. I&M
Page two
4. NIPSCO
No, we do not require an easement.
132
Bill-NO. G-86-01-26
RESOLUTION 76-11-3
WHEREAS, INTERSTATE INDUSTRIAL PARKS, INC. AND MAGNAVOX
GOVERNMENT AND INDUSTRIAL ELECTRONICS COMPANY have petitioned and
requested the Fort Wayne City Plan Commission to hold a public
hearing upon the vacation of the following railroad spur easement
situated in Fort Wayne, Allen County, to-wit:
The East 40.0 feet of the West 550.0 feet of that portion of
Section I, Interstate Industrial Park, which lies East of
East right-of-way line of Investment Drive and the northerly
prolongation of that right-of-way line,
all in accordance with the terms of Section 44, Chapter 174
of the Acts of 1947, of the General Assembly of the State of
Indiana, as amended by Section 3 of Chapter 385 of the Acts
of the General Assembly of the State of Indiana, Indiana Code
Section 36-7-4-512; and,
WHEREAS, notice of such public hearing has been given
by due and proper publication thereof;
WHEREAS, said vacation of railroad spur easement has
been routed through the following departments: Street Engineer-
ing, Traffic Engineering, Water Pollution Control Engineering,
Electrical Engineering, Park Board and through the Public Utility
Companies .
NOW THEREFORE, BE IT RESOLVED by the Fort Wayne Board
of Public Works that the vacation of said railroad spur easement
hereinbefore described conforms to the general policy and
pattern of development set out in the Master Plan of the City of
Fort Wayne, Indiana.
BE IT FURTHER RESOLVED by the Board of Public Works
that the vacation of said railroad spur easement hereinbefore
described be and the same is hereby approved subject to easements
as required by all public utilities occupying and using said
railroad spur easement or part thereof for the vacation and
operation of its utility facilities shall not be deprived of said
use on account of these proceedings unless any said utilities
shall file a written consent to said vacation.
STATE OF INDIANA)
) SS:
COUNTY OF ALLEN )
I , _^^^Q-<U/:t^^ ' Director of
the Board of Public Work^^ io hereby certify that attached hereto
is a full, true and correct copy of a resolution adopted by
the Fort Wayne Board of Public Works at their meeting held
--e-^-'ix.<-<L.<t.^i<^— / ^ and as same appears
of record in theofflcial records of the Board of Public Works.
THIS ^^DftY OF V-^^leA*<^<X.<^-<<Xj< 1586
E BOAROO^ PUBLIC WORKS
Icogette R/ Simor
Director /of AdminVstration & Finance
132
Resolution
Bill No. G-86-01-26
Page two
« Aa.KXit.
Lawrence D. Consalvos
Director of Public Safety
132
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133
AGREEMENT
198^ ,
by and
THIS AGREEMENT made in triplicate this c^c^ day of
between Spears-Dehner , Inc., hereinafter referred to as "oWnER" and the CITY
OF FORT WAYNE, INDIANA, hereinafter referred to as "CITY", WITNESSETH THAT:
VTHEREAS, the City through its Board of Public Works & Safety did adopt Sewer
Improvement Resolution 406-1984 entitled "Lincolndale Addition Santiary Sewer"
on 2i November 1984, and,
WHEREAS, it was determined that the Owner was the legal property owner of
Lot 117 in Lincolndale Amended Addition as recorded in Plat book 22, Page
7, that is presently served by an exisitng 15" sanitary sewer. However, the
North 200 feet of said Lot 117 was affected under said improvement Resolution
i06-1984 and therefore, subject to a full Barrett Law Assessment under Indiana
State Code:
NOW, THEREFORE, IT IS AGREED:
1. The Owner shall donate a permanent easement to the City across the West
boundary line of said Lot 117 for the construction of the proposed eight
(8") inch sanitary sewer under Resolution 406-1984; and,
2. The final assessment cost for said Lot 117 was determined during the final
acceptance of said sewer improvement project to be Seventeen Thousand
Three Hundred Eighty-Seven and 81/100 ($17,387.81) Dollars.
3. The City in consideration of the permanent easement granted by the Owner
shall abate all said final assessments of Seventeen Thousand Three Hundred
Eighty-Seven and 81/100 ($17,387.81) under said Sewer Improvement
Resoluiton .
4. The Owner in consideration of the assessment abatement, agrees that at
any point in the future that the Northern 200 feet of Lot 117 is subdivided
and the Owner or the Owner's successor(s) desire to tap into the proposed
eight (8") sewer shall be assessed Three Thousand Three Hundred ($3,300.00)
per tap until the complete final assessment of Seventeen Thousand Three
Hundred Eighty-Seven and 8 1/100 ( $17 , 387 . 81 ) is paid in full.
5. It is therefore resolved by the City through its Baord of Public Works
& Safety that all assessments on Lot 117 under Resolution 406-1984 shall
be paid by City Utilities out of monies of Sewer Utility Funds.
6. This sunerceeds Agreement dated March 6, 1985.
IN WITNESS WHEREOF, the parties have subscribed to this Agreement on the day
and year first above written.
"OWNER",
Bv
Donald G. Spears, Presjiiient
CITY OF FORT WAYNE, INDIANA, by and through
its Board of Public Works & Safety
Day^d 1 J , Kiester, Director
ykjL
ATTES^S^£^,J^^X^
Helen Gochenour, CTer
te R./Sinion, director
Lawrence D. Consalvos, Director
This instrument prepared by:
Richard I. Snouffer
Attorney -At -Law
CCFW /''*'/
RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY S (e
WHEREAS, a cable television franchise was granted by
the Common Council of the City of Fort Wayne to Citizens Cable
of Fort Wayne, Inc. under General Ordinance No. G-6-20-78; and
WHEREAS, by Resolution No. R-153-84 the Common Council
of the City of Fort Wayne approved the acquisition by Citizens
Cable Communications, Inc. of 80% of the stock of Citizens Cable
of Fort Wayne, Inc. from Cox Cable Communications, Inc., which
acquisition resulted in Citizens Cable Communications, Inc. thereafter
holding 100% of the stock of Citizens Cable of Fort Wayne, Inc.;
and
WHEREAS, the name of Citizens Cable of Fort Wayne,
Inc. was changed to Cox Cable of Fort Wayne, Inc. for a period
of time and was subsequently changed back to Citizens Cable of
Fort Wayne, Inc.; and
WHEREAS, Citizens Cable Communications, Inc. has requested
that the Board of Public Works and Safety of the City of Fort
Wayne approve the acquisition by Comcast Corporation of all of
the stock of Citizens Cable Communications, Inc.; and
WHEREAS, Comcast Corporation has requested the Board
of Public Works and Safety to approve the transfer of the cable
television franchise to Comcast Cablevision of Indiana Limited
Partnership, an Indiana limited partnership whose general partner
is Comcast Cable of Indiana, Inc., a wholly-owned subsidiary
of Comcast Corporation.
NOW, THEREFORE, it is resolved that the Board of Public
Works and Safety of the City of Fort Wayne consents that Comcast
134
Corporation acquire all of the stock of Citizens Cable Communications,
Inc. and approves the transfer of the cable television franchise
to Comcast Cablevision of Indiana Limited Partnership, an Indiana
limited partnership whose general partner is Comcast Cable of
Indiana, Inc., a wholly-owned subsidiary of Comcast Corporation.
All of the terms and conditions of the cable television franchise,
the contract awarding the franchise, the Cable Communications
System Ordinance and all amendments thereto and all agreements
by and between the franchisee and the City shall remain in full
force and effect and be binding in all respects upon the transferee;
there are no presently known defaults by the franchisee; this
consent shall not be construed to in any fashion diminish or
modify the obligations and duties of the franchise holder; and
nor shall this consent in anyway limit or diminish the rights
of the City, as provided in the Cable Communications System Ordinance
No. G-27-77 and all amendments thereto and all agreements between
the franchisee and the City.
Approved and adopted January
1986 .
CITY OF FORT WAYNE BOARD OF
PUBLIC WORKS AND SAFETY
ATTEST
Helen V. Gochenour, Clerk to the Board
PROSPECT AVENUE STORM SEHER IMPROVEMENT RESOLUTION
Resolution 419-1985
RESOLVED by the Board of Public Works & Safety of the City of Fort Wayne,
Indiana, that:
The construction of main sewers bounded on the North by the North right-of-way
line of Prospect Avenue; bounded on the East by the West right-of-way line
of Griswold Avenue; bounded on the West by the centerline of Spy Run Avenue
and bounded on the South by the South right-of-way line of Prospect Avenue,
more particularly described as follows :
Beginning at an existing storm sewer manhole located
20± LP South of and 25± LF West of the centerline
intersection of Prospect Avenue and Griswold Drive;
thence, Westerly 20± LF South of and parallel to
the centerline of said Prospect Avenue 1500± LF
terminating at an existing storm sewer manhole located
within the Westerly right-of-way line of Spy Run
Avenue 20± LF South of the said Prospect Avenue.
Said sewers shall be 12" and 15" in diameter.
And, said sewers with all their appurtenances shall be constructed in
accordance with the plans, profiles and specifications now on file in the
Department of the Public Works & Safety of said City.
This project is funded by a Housing and Urban Development Community Development
Block Grant and is subject to the requirements of Section (3) of the Housing
and Development Act of 1968.
ADOPTED this 15th day of January 1986.
BOARD OF PUBLIC WORKS & SAFETY
David J. Kieffce
of Pjrblic Works
of Public Safety
Helen Gochenolir, Clerk
136
//J
t/.
CCAC ' /g(,
RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
WHEREAS, a cable television franchise was granted by
the Common Council of the City of Fort Wayne to Citizens Cable
of Allen County, Inc. under General Ordinance No. G-03-79; and
WHEREAS, Citizens Cable Communications, Inc., the sole
shareholder of Citizens Cable of Allen County, Inc., has requested
that the Board of Public Works and Safety of the City of Fort
Wayne approve the acquisition by Comcast Corporation of all of
the stock of Citizens Cable Communications, Inc.; and
WHEREAS, Comcast Corporation has requested the Board
of Public Works and Safety to approve the transfer of the cable
television franchise to Comcast Cablevision of Indiana Limited
Partnership, an Indiana limited partnership whose general partner
is Comcast Cable of Indiana, Inc., a wholly-owned subsidiary
of Comcast Corporation.
NOW, THEREFORE, it is resolved that the Board of Public
Works and Safety of the City of Fort Wayne consents that Comcast
Corporation acquire all of the stock of Citizens Cable Communications,
Inc. and approves the transfer of the cable television franchise
to Comcast Cablevision of Indiana Limited Partnership, an Indiana
limited partnership whose general partner is Comcast Cable of
Indiana, Inc., a wholly-owned subsidiary of Comcast Corporation.
All of the terms and conditions of the cable television franchise,
the contract awarding the franchise, the Cable Communications
System Ordinance and all amendments thereto and all agreements
by and between the franchisee and the City shall remain in full
force and effect and be binding in all respects upon the transferee;
there are no presently known defaults by the franchisee; this
consent shall not be construed to in any fashion diminish or
modify the obligations and duties of the franchise holder; and
nor shall this consent in anyway limit or diminish the rights
of the City, as provided in the Cable Communications System Ordinance
No. G-27-77 and all amendments thereto and all agreements between
the franchisee and the City.
Approved and adopted January , 1986.
CITY OF FORT WAYNE BOARD OF
PUBLIC WORKS AND SAFETY
ATTEST :
Helen V. Gochenour, Clerk to the Board
137
. 7i-io-n
RESOLUTt-ONS OP THE BOARD OF PUBLIC WORKS AND -^7^'
OF THE CITY OF FORT WAYNE, INDIANA
COMES NOW, Helen V. Gochenour, and states that she
is the duly appointed and acting Clerk of the Board of Public
works and Safety of the City of Fort Wayne, Indiana, and that
the following are true and correct resolutions as passed by the
Board on the 29th day of January, 1986, to-„it:
WHEREAS, Bohde Realty, Inc. has provided the Board
With certain rnfor.ation, documentation and an affidavit as to
the fact that Bohde Realty, i„c. is to not be charged with area
connections fees for Parkview Addition, Sections A, B and C
.nas.uch as such charges have previously been paid for by Bohde
Realty, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Board does
hereby waive area connection fees for Bohde Realty, Inc., in
Parkview Addition, Sections A, B and C.
IN WITNESS WHEREOF, this document has been signed this
29th day of January, 1986.
BOARD OF PUBLIC WORKS AND SAFETY
BY:
Helen V. Godhenour c
Clerk
Stor of Public Works
BY:
2tte
Director;
fnistration & Finance
LaWrence D. Consalvos
Director of Public Safety
STATE OF INDIANA )
COUNTY OP ALLEN j AFFIDAVIT
Gerald G. Dphnoy- k ■
• '-"^nner, being first-
1- He is President of John Dehner i„c
2- The Board of works of the citv .
i'-POsed area connection fees ^ ^^"^
rees by reason of the qt-
Interceptor and its con "^"^^
or certain described real estate • ,
the real estate contain ^ • estate, including
^"=^ contained within *u
~ -
3- Resolution No. 74-2?-n^
/4 22-04 establishing the
connection fees al=^
-.^t to ad3ust t: ~ -
^Pecial conditions existm ■ " '"'^""^^"^
Public works can base a • " ^"^^'^ °^
base a waiver of area connection fees
by the Board of Public Works of the Cit .
Indiana, the sanitary sewers s ■
B and C were aire L "^^^^ ^
were already constructed, havina
phases with Section C b ' instructed in
C being completed by Septe^er, 1979
«°hde Realty, inc., entered into a c .
utility Development Corporation "
contract directed th '""^ ^' ^^^^^
irected the construction of th^
Addition by utilitv n . ""^'^^i-"
Y utility Development Coroor^t-,-^
a..po„, ■
6- In truth and in fact utin^ n
not construct the s development Corporation
the sewers m Parkview Addition, despite the
agreement of June 8 iq^R u ^
1966, but such sewers were con«^
paid for by Bohde Realtv t ^constructed and
Realty, inc. and/or John Dehner inc
■ to trades and exch^nr,^. . Pursuant
exchanges made between John Dehner Tn
Realty, inc nt n t- ' ^"^^^e
nc, utility Development Corporation .
utilities, inc for Diversified
nc, for construction requested by utilit
Development and Diversified Utilities in L .
lirties m Lake River Estates,
ay reason of thesp i-v=^„
i^nese trades and exchanges ^ir.r.
RpflU-,, T parties, Bohde
Realty, inc. received the riqht to .
j-j-yiiT: to connect arnr i„4-
Addition, sections 3 and c to th ■ "
^''^ ""^^n lines of the
o.„,.„„
paid. already been
«• When the city of Port Wayne took title to the •
sewer lines in p ,, • ^ sanitary
" Parkview Addition, Sections A, B and c
subject to the agreements made at the t ■
sections A, B and c . ^^^^^^^^^^ '
and c to avoid duplica^^. r.
duplicate payment for snch =0
- -ohde Realty:^
^ff-nt makes these statements to explain th
understandings described and to • .
Its area assessments on lots i n d , ■
^" ^d^^ition,
10. Further affiant says not.
sraTd G. Dehne
My Commission Expires- --"'^L-'^ /' , ^
"'-•-icf^ County
I
2
The Cily of Fort Wayne
P
December 10, 1985
Mr. David J. Kiester, Chairman
Board of Public Works
9th Floor - City-County Building
One Main Street
Fort Wayne, Indiana 46802
Re: Bohde Realty, Inc.
Dear David:
Per the above, enclosed herewith you will find the
original of the Affidavit I requested as signed by Mr. Gerald G.
Dehner. In my opinion, this resolves the matter, and if you are
in agreement, your office should contact Mr. Dehner.
BOB : clc/enc .
Boxberger
City Attorney (Corporation Counsel)
City of Fort Wayne, Indiana
An Equal Opportunity Employer
One Main Street, Fort Wayne, Indiana 46802
138
I
ANDERSON AVENUE STOBM SEWER IMPROVEMENT RESOLOTION -1
Resolution 418-1985 7 ^ - ^-c2 0
RESOLVED by the Board of Public Works & Safety of the City of Fort Wayne,
Indiana, that:
The construction of main sewers bounded on the North by the North right-of-way
line of Anderson Avenue; bounded on the East by the West right-of-way line
of Grxswold Avenue; bounded on the West by the center line of Spy Run Avenue
and bounded on the South by the South right-of-way line of Anderson Avenue,
more particularly described as follows:
Beginning at an existing storm sewer manhole located
20± LF South of and 25± LF West of the centerline
intersection of Anderson Avenue and Griswold Drive;
thence. Westerly 20± LF South of and parallel to
the centerline of said Anderson Avenue 1500± LF
tenolnat ing at an existing storm sewer manhole located
within the Westerly right-of-way line of Spy Run
Avenue 20± LF South of the said Anderson Avenue.
Said sewers shall be 12" and 15" in diameter .
And, said sewers with all their appurtenances shall be constructed in
accordance with the plans, profiles and specifications now on file in the
Department of the Public Works & Safety of said City.
This project is funded by a Bousing and Urban Development Community Development
Block Grant and is subject to the requirements of Section (3) of the Bousing
and Development Act of 1968.
ADOPTED this 15th day of January 1986.
BOARD OF PUBLIC WORKS & SAFETY
Lawrence D. Consalvos, Director
of Public Safety
ATTEST :
Belen Gochenour, Clerk
L
141
7
AGREEMENT FOR SEWER EXTENSION
THIS AGREEMENT, made in triplicate, this
day of
1985, by and between WAYNE HAVEN INDUSTRIAL PARK, an Indiana Partnership,
hereinafter referred to as "OWNER" and the CITY OF FORT WAYNE, INDIANA, by and
through its Board of Public Works and Safety, hereinafter referred to as
"CITY", WITNESSETH, THAT:
WHEREAS, the "OWNER" desires to construct a local sanitary sewer described
as follows:
MAIN LINE: Beginning at an existing manhole on the south side of U.S.
Highways #24 and #30, being 450± feet easterly of Old Maumee Avenue;
thence southerly along the entrance road (servicing Wendy's) a distance of
390± feet; thence easterly a distance of 800± feet to a point 10 feet west
of the west right-of-way line of Wayne Haven Street; thence southerly a
distance of 960± feet parallel with and 10 feet west of the west right-of-
way line of Wayne Haven Street to the point of termination.
LATERAL 3A: Said sewer shall be ten (10) inches in diameter. Also
beginning at the northerlymost proposed manhole located 10 feet west of
the west right-of-way line of Wayne Haven Street; thence northerly a
distance of 200± feet parallel with and 10 feet west of the west right-of-
way line of Wayne Haven Street to the point of termination. Said sewer
shall be eight (8) inches in diameter.
in accordance with plans, specifications, and profiles heretofore submitted to
and approved by "CITY" and now on file in the office of the Chief Engineer of
the Water Pollution Control Engineering Department of "CITY" and known as WAYNE
HAVEN INDUSTRIAL PARK as drawn by BONAR & ASSOCIATES, INC., dated April, 1985,
which plans, specifications, profiles are by reference incorporated herein and
made a part hereof, which sewer will serve not only land in which the "OWNER"
has an interest, but also an adjoining land area; and
WHEREAS, the cost of construction of said sewer is represented to be
contractor's bid price, composed of $36,000 for construction costs, $2,200 for
engineering services, $1,000 for legal fees, and an amount to be detrmined for
City engineering and inspection fees.
MOW, THEREFORE, in consideration of the foregoing and the mutual covenants
and agreements hereinafter set forth, the parties hereto agree as follows:
1. CONSTRUCTION OF SEWER
"OWNER" shall cause sewer to be constructed and located in accordance with
said plans, specifications and profiles all approved by "CITY" under
private contract to be let within sixty (60) days after requisite "CITY"
approval.
All work and materials shall be subject to inspection by "CITY", and the
right of 'CITY" to halt construction if there shall be noncompliance
1.
14J
therewith. Said sewer shall not be deemed completed and/or permanently
connected into the sewer system of "CITY" until final acceptance by
"CITY". Upon acceptance by "CITY", said sewer shall become the property of
"CITY", and "CITY" shall accept sewage therefrom subject to such sewage
service charges as may now or hereafter be regularly established by "CITY"
and all further maintenance thereafter shall be borne by "CITY".
COST OF CONSTRUCTION
"OlfflER" agrees to pay the entire cost and expense of construction of said
sewer, in cash, including "CITY" engineering and inspection fees, and, to
hold "CITY" harmless from any liability for claims connected therewith.
AREA OF "OWNER"
Said sewer when accepted by the "CITY" will serve the following described
real estate:
A part of the South Half of Section 10, Township 30 North, Range 13 East
of the Second Principle Meridian, in Allen County, IN, more particularly
described as follows:
Commencing at the northwest corner of the Southwest Quarter of said
Section 10, being a point on the centerline of U.S. Highways 24 and 30;
thence southerly a distance of 50.0 feet along the west line of the
Southwest Quarter of said Section 10 to the southerly right-of-way line of
U.S. Highways 24 and 30; thence North 89 degrees, 58 minutes, 48 seconds
East, a distance of 1,775.5 feet to the Point of Beginning; thence
continuing North 89 degrees, 58 minutes, 48 seconds East, a distance of
49.28 feet along said southerly right-of-way line; thence South 01 degree,
25 minutes, 48 seconds West, a distance of 250.12 feet; thence North 89
degrees, 58 minutes, 48 seconds East, a distance of 129.12 feet; thence
North 02 degrees, 13 minutes, 49 seconds East, a distance of 90.04 feet;
thence North 89 degrees, 58 minutes, 48 seconds East, a distance of 79.47
feet; thence South 02 degrees, 03 minutes, 22 seconds West, a distance of
211.27 feet; thence North 89 degrees, 58 minutes, 48 seconds East, a
distance of 200.0 feet; thence North 02 degrees, 03 minutes, 22 seconds
East, a distance of 371.46 feet to the aforesaid southerly right-of-way
line; thence North 89 degrees, 58 minutes, 48 seconds East, a distance of
612.84 feet along said right-of-way line; thence South 79 degrees, 05
minutes, 09 seconds East, a distance of 26.58 feet along said right-of-way
line; thence North 87 degrees, 06 minutes, 48 seconds East, a distance of
0.51 feet along said right-of-way line; thence South 01 degree, 09
minutes, 46 seconds West, a distance of 421.19 feet; thence North 89
degrees, 58 minutes, 48 seconds East, a distance of 100 feet; thence South
01 degree, 09 minutes, 41 seconds West, a distance of 797.06 feet; thence
North 88 degrees, 50 minutes, 19 seconds West, a distance of 390 feet to
the westerly right-of-way line of Wayne Haven Street; thence North 01
degree, 09 minutes, 41 seconds East, a distance of 401.6 feet along said
westerly right-of-way line; thence North 88 degrees, 50 minutes, 19
seconds West, a distance of 200.00 feet; thence North 01 degree, 09
minutes, 41 seconds East, a distance of 415.00 feet; thence North 88
degrees, 50 minutes, 19 seconds West, a distance of 155.28 feet; thence
South 89 degrees, 58 minutes, 48 seconds West, a distance of 455.68 feet;
thence North 01 degree, 14 minutes, 56 seconds East, a distance of 391.30
feet to the Point of Beginning.
I
2.
r As ''DWN'ER" will pay for the cost of construction of said sewer
as it pertains to the abov e-d esc r iiie d real estate for the
construction of said sewer by the present or future owners of
said real estate except only as to such standard tap-in,
inspection fees and monthly sewage treatment charges as are
customarily charged by the "CITY" for connections to "CITY"
sewer mains and treatment of sewage therefrom.
14. AREA CONNECTION CHARGE (Oversizing, etc., cost of existing
sewage works).
An area connection charge of $7 00 per acre must be paid to
"CITY" at the time of connection. This area connection charge
is in addition to the local charge as set forth above, and
represents the installation and/or oversizing cost expended by
"CITY" for sewer line(s) known as North Maume e Service Area,
Resolution No. 7 3-22-3. .
5. BOND.
This contract is subject to "OWNER" and/or his contractor fur-
nishing a satisfactory Maintenance Bond for 25% the value of
the sewer which shall guarantee said sewer against defects for
a period of one (1) year from the date of final acceptance of
said sewer by "CITY".
6. LIMITATION ON USE.
Said sewer shall be constructed for disposal of sanitary
sewage only and neither the parties hereto, their successors,
or assigns, or any future owner of land serviced by said
sewer, shall at any time discharge or permit to be discharged
or to flow into said sanitary sewer, any water runoff caused
by natural precipitation or anything other than sanitary
sewage or contaminated waste in accordance with City Municipal
Code.
7. WAIVER OF RIGHT TO REMONSTRATE AGAINST ANNEXATION.
"OWNER" for himself, herself, his/her successors in title and
assigns, waives and releases any and all rights which it may
now or hereafter have to remonstrate against or otherwise
4
object to, interfere with cr oppos'B any pending or future
annexaton by "CITY" of any territory now or hereafter owned by
him/her as described in Article 3 herein, or hereafter served
by said sewer or any extension thereof.
In futher consideration and to induce "CITY" to execute and
ratify this contract, said "OWNER", for himself, herself,
his/her successors and assigns, agree by this contract to vest
in "CITY" the permanent right at its discretion to annex to
the CITY of Fort Wayne at any future time by duly authorized
ordinance t,o the said real estate described in Article 3
herein. /
"OWNER" further agrees that any deeds, contracts, or other
instruments of conveyance made by "OWNER", its successors and
■assigns transferring or conveying any interest in and to any
of the real estate described in Article 3 herein, shall con-
tain the waiver and release provisions contained in this
article which provisions shall run with the land and the
acceptance of the delivery of any such instruments from
"OWNER" his/her successors and assigns by any grantee, vendee
or contract purchaser, shall be made subject to the terms of
this Agreement and shall constitute an acceptance of the
foregoing provisions by said grantee, vendee, or contract
purchaser and their successors in title.
"OWNER" further agrees to record an executed copy of this
contract in the Allen County Recorder's Office within ten (10)
days of its adoption and approval by the Board of Public Works
and Safety of the City of Fort Wayne as hereinafter provided.
Any owner or owners of land which is now, or hereafter located
outside the corporate limits of "CITY" who connect into the
sewer constructed hereunder shall be deemed to thereby waive
his/her, their or its right to remonstrate against or other-
wise object to, interfere with or oppose any pending or future
annexation by "CITY" of such land or of the territory in which
it is located or of the area served by said sewer. (I.C.
36-9-22-2, as added by Acts 1981, P.L. 309, 395).
J.
V^-T.'JESS WHEREOF, the parties have subscribed to tb.^ ■
Agreement the day and year first above Written.
"OWNER "
Helen GochenC
"CITY"
Win Moses, Jr. ,
Mayo r
BOARD 0^ PUBLIC WORKS & SAFETY
BY:
David J. Kife'ster iS; U_£j^_^
Works '^I'sster, Direct^F^f Public
6
ur
. . . . / - - --y'".^. Director of
Adoin.straiie^ and Finance
STATE OF IN'DIAN'A )
) SS:
COUr.'TY OF ALLEN )
BEFORE KE, the undersigned, a Notary Public, in and for said County
and State, personally appeared Dennis J. Grotrian, James Loraont, James E
Kelley, Merlin J. Gerardot and Charles F. Stratton, Partners of Wayne
Haven Industrial Park, an Indiana Partnership, who acknowledged the exe-
cution of the foregoing Agreement as and for his/her/their voluntary act
and deed for the uses and purposes therein contained.
1985.
WITNESS my hand and notarial seal this 30th day of October,
My Commission Expires:
November 3 0, 19 87
Suzanne Y/. Uhrick, ,t^o tary , Pcibl ic
A res3^-6nt of Allen County, ilndiana
STATE OF INDIANA )
) SS:
COUNTY OF ALLEN )
BEFORE ME, the undersigned, a Notary Public, in and for said County
and State, personally appeared Win Moses, Jr., Mayor, David J. ifiester,
Cosette R. Simon, and Lawrence D. Consalvos, as the Board of Public Works
and Safety of The City of Fort Wayne, Indiana, and acknowledged the exe-
cution of the foregoing Agreement as and for their voluntary act and deed
for the uses and purposes therein contained.
WITNESS
my
hand and
, 1985.
notarial seal this
day of
My Commission Expires:
sident of A]
'A.
7)cliJA'Mo\-SLV:i Pu,blic
Indiana
;n G'oun.ty.', I
This Instrument Prepared By:
De n n i s J .
Grotrian, Attorney -At-Law.
"EAST STATE EVASGEL ASSEMBLY OF GOD LIFT STATION"
Resolution 415-1985
RESOLVED by the Board of Public Works & Safety of the City of Fort Wayne,
Indiana, for construction of a sanitary sewage lift station force main and
sanitary sewer for the East State Evangel Assembly of God Church.
GRAVITY SEWER - PDMP STATION AND FORCE MAIN
Beginning at an existing manhole 70± LF East and 15± LP
South of the intersection of the North right-of-way line
of East State Boulevard and the East line of Lot #4 Lake
Estates; thence Northwesterly 30± LF to a proposed manhole;
thence Southwesterly 480± LF to a proposed lift station.
Said public sewer shall be 8" in diameter.
All work done in the making of the aforementioned public improvement shall
be in accordance with the terms and conditions of the Resolution aforementioned
and the plans, profiles, special provisions and specifications now on file
in the Office of the Board of Public Works & Safety of said City all as
provided for in an Act of the General Assembly of the State of Indiana, and
in accordance with and pursuant to the provisions of all acts and amendatory
thereto and supplemental thereof passed by the General Assembly of the State
of Indiana.
And said improvements with all appurtenances shall be constructed in accordance
with the plans, profiles and specifications now on file in the Department
of the Board of Public Works & Safety of said City.
The Cost of said improvement shall be paid for by the City of Fort Wayne
Sewer Utility.
All proceedings and any work done on said improvement, assessment of property
collection of assessments and issuance of bonds, therefore, shall be as
provided for in said above-entitled acts and all amendments thereto and
supplemental thereof.
ADOPTED this 15th day of Janaury 1986.
BOARD or PUBLIC WORKS &/6AFETY
Lawrence D. Consalvos, Director
of Public Safety
ATTEST:
Helen Goch^nour, Clerk
\
COUNTY UTILITY AGREI.IENT
The Board of County Commissioners of Mien County, Indiana
County hereinafter referred to as the Board, and
City Ptilities
(Uti 1 ity)
hereinafter referred to as the Permittee, hereby agree that utility facilities
located at the following described location Indiansoolis Road (Ola S.R."3)
froir. South County Line Road to Lafsvette Center Road. ER Project No. 6102 ( ) .
are hereby granted permit to be located within the. highway right-of-way in
accordance with the attached drawings or if no drawings are attached, the
utility facility will be placed adjacent to the present utility facilities
and within two feet of the right-of-way line as indicated on the plans for
the proposed project In consideration thereof the Permittee hereby agrees
to abide by and conform with the following terms and conditions.
1.) The above described utility facilities to be retained,
installed, adjusted or relocated on, over, along or under the highway
within the right-of-way limits will be located and accommodated In a
manner that will not Impair the planned highway, or its construction, or
maintenance or interfere with its safe operation.
making any necessary utility adjustments should future traffic conditions
or road Improvement necessitate when so requested by the Board and assume
the cost thereof, except where Permittee has a compensable property
right therein or where reimbursement of such costs is provided for by law.
The Permittee further agrees to comply with the rules and regulations
of the Board in servicing, maintaining, replacing and removing the above
described facilities, and to obtain a permit before performing any of these
functions on such facilities located within the highway right-of-way.
cons i st i ng of
Sanitary Sever Service
2.)
The Permittee hereby agrees to assume liability for
3-) The Permittee shall save harmless and indemnify the Board
from any claim for damages of any nature whatsoever arising out of Permittee'
negligence in connection with any work done pursuant to this agreement.
k.) During the progress of any construction undertaken within
the limits of the said highway in pursuance hereof, the Permittee shall
provide watchmen and flagmen as may be reasonably required by the Board
for safety and convenience of the public and shall furnish all barricades,
signs and lights reasonably necessary to protect the public. Traffic shall
be maintained at all times unless otherwise indicated hereon by special
endoresement of the Board's' duly authorized representative.
5. ) All damage to drainage structures, roadbeds, pavements and
other highway appurtenances arising from the installation, maintenance or
repair of Permittee's utility facilities shall be repaired at expense of
Permittee. No portion of the pavement of any highway shall be disturbed
without prior permission of the Board. Upon completion of any work within
limits of the highway all disturbed portions shall be replaced as nearly
as practicable in as good a condition as they were when work was begun.
6. ) It is understood andagreed by the Board and the utility
that the utilities shall comply with the "State of Indiana, 1 nd i ana " State
Highway Commission Policies Covering the Use and Occupancy of Public Highway
Rights-of-way by Utilities 1971."
BOARD OF COUNTY COMMISSIONERS
Al len County
David J. Kiyster, Director of
Public Works
Authorized Representative of
Permi ttee
Date
Member
Member
Attest :
Gloria J. Goeglein
Al 1 en County Auditor
Member
Bill No.
■G-85-12-13
144
RESOLUTION 76-1-2
WHEREAS, GERALD L. DORAN has petitioned and requested
the Fort Wayne City Plan Commission to hold a public hearing upon
the vacation of the following portion of public street situated
in Fort Wayne, Allen County, to-wit:
Part of the North one-half of the Northwest Quarter of
Section 15, Township 30 North, Range 12 East, Allen County,
Indiana, described as follows, to-wit:
Commencing on the centerline of Brooklyn Avenue
at a point North 3 degrees iJS minutes West, a distance
of 356 .14 feet (5.10 chains) from its intersection by
the South line of the tract aforesaid; thence
continuing North 3 degrees 15 minutes West on said
centerline, a distance of 29.7 feet to a point situated
386.1 feet (5.85 chains) North 3 degrees 15 minutes
West from its intersection by the South line of the
tract aforesaid; thence North 87 degrees 56 minutes
East, a distance of 618.01 feet to West line of a
a 50-foot street called Vesey Avenue in the Plat of
VESEY'S GARDEN ADDITION; thence Southerly on the line
aforesaid, a distance of 29.7 feet; thence South 87
degrees 56 minutes West, a distance of 615.6 feet to
the point of beginning; Containing 0.12 acres, more or
less, except the west 25 feet thereof,
all in accordance with the terras of Section 11, Chapter 171
of the Acts of 1917, of the General Assembly of the State of
Indiana, as amended by Section 3 of Chapter 385 of the Acts
of the General Assembly of the State of Indiana, Indiana Code
Section 36-7-1-512; and,
WHEREAS, notice of such public hearing has been given
WHEREAS, notice of such pub
by due and proper publication thereof;
WHEREAS, said vacation of portion of public street has
been routed through the following departments: Street Engineer-
ing, Traffic Engineering, Water Pollution Control Engineering,
Electrical Engineering, Park Board and through the Public Utility
Compani es .
NOW THEREFORE, BE IT RESOLVED by the Fort Wayne Board
of Public Works that the vacation of said portion of public
street hereinbefore described conforms to the general policy and
pattern of development set out in the Master Plan of the City of
Fort Wayne, Indiana.
BE IT FURTHER RESOLVED by the Board of Public Works
that the vacation of said portion of public street hereinbefore
described be and the same is hereby approved subject to easements
as required by all public utilities occupying and using said
portion of public street or part thereof for the vacation and
operation of Its utility facilities shall not be deprived of said
use on account of these proceedings unless any said utilities
shall file a written consent to said vacation.
STATE OF INDIANA)
COUNTY OF ALLEN ) 1 . j) (Tl^/ /
J C^'^^^**^ ^/tft^:^!^ ' Director of
the Board of "PiTbTllT Wo?ks 7~d"o "e7"iby certify that attached hereto
is a full, true and correct copy of a resolution adopted by
the Fort Wayne aoard of Public Works at their meeting held
Q. ^ - -•. and as same appears
of ~^^co^^d"^nThi"'~fff^^?^S■"r^ecordJ"o^T^ of Public Works.
L
144
Reaolut 1 on
Bill No . G-85-1 2-1 3
Page two
DATED THIS_J^ DAY OF Jd^_^
FORT WAYNE BOARD OF PUBLIC WORKS
1986
David J. Kieater
Director of Public Works
"0
CoS£tte R.I Siraom
Director o 5-J,dj)>n Istratlon & Finance
it? S_il<iQ£t2\.iS:a__
Lawre/ice D. Consalvos
Director of Public Safety
l/ACATiot^ Petition hh
A PETITION TO VftCPlTE THE OEiCfi/BED 29.7 fur L£fT fOf^ ^
ROAD-
MfiP no. J -7
COur^ClLMflmiC DISTRICT /VO ^
Zoning: Land Use:
/?/ f^EsioenrmL district
RB ff£5lpENC£ B'
m UG/^T /NDOSTfiV
m OENERfIL BUSINESS '8'
NORTH
23
Scale:/" =200' Date://- 2/- 85
Engineering Comments - Vacation of Gruber Avenue between Brooklyn Avenue and
Vesey Avenue.
1. Water Engineering - No objection.
2. Traffic Engineering - No Objection.
3. Park Board - Ok to vacate.
4. Water Pollution Control Engineering - An easement is required for 8"
sanitary sewer.
5. GTE - Yes, we do require an easement for existing facilities.
Remarks: GTR will require a min, of 20' wide easement to maintain
existing pole line.
6. I6tM - Yes, we do require an easement.
Remarks: The North 14' will need to be retained.
7. NIPSCO - No, we do not requre an easement.
8. Citizens Cable - No, we do not require an easement.
1
145
Bill No. G-85-12-12
RESOLUTION 76-1-1
WHEREAS, C.H. KRAUS SHEET METAL has petitioned and
requested the Fort Wayne City Plan Commission to hold a public
hearing upon the vacation of the following dedicated utility
easement situated in Fort Wayne, Allen County, to-wit:
Part of BLOCK 10, SPEEDWAY ADDITION, SECTION II, as recorded
in Plat Book 32, pages IS-lt, in the Office of the Recorder
of Allen County. The existing 14 foot wide Easement for
sewer as indicated on the recorded plat, the centerline of
which extends Northeasterly from the South line of said
BLOCK, at a distance of 115 feet West of the Southeast
corner thereof to the North border of said BLOCK at a point
70 feet West of the East line and 10 feet South of the North
line .
all in accordance with
of the Acts of 1917, of
Indiana, as amended by
of the General Assembly
Section 36-7-1-512; and.
the terms of Section U 1 , Chapter 171
the General Assembly of the State of
Section 3 of Chapter 385 of the Acts
of the State of Indiana, Indiana Code
WHEREAS, notice of such public hearing has been given
by due and proper publication thereof;
WHEREAS, said vacation of a dedicated utility easement
has been routed through the following departments: Street
Engineering, Traffic Engineering, Water Pollution Control
Engineering, Electrical Engineering, Park Board and through the
Public Utility Companies.
NOW THEREFORE, BE IT RESOLVED by the Fort Wayne Board
of Public Works that the vacation of said dedicated utility
easement hereinbefore described conforms to the general policy
and pattern of development set out in the Master Plan of the City
of Fort Wayne, Indiana.
BE IT FURTHER RESOLVED by the Board of Public Works
that the vacation of said dedicated utility easement hereinbefore
described be and the same is hereby approved subject to easements
as required by all public utilities occupying and using said
portion of public street or part thereof for the vacation and
operation of its utility facilities shall not be deprived of said
use on account of these proceedings unless any said utilities
shall file a written consent to said vacation.
STATE OF INDIANA)
COUNTY OF ALLEN )
) SS:1|
I, v_ _iy!^i-__^^;feh^2lrz;rz^ ' Director of
the Board of Public Works,/yao hereby certify that attached hereto
is a full, true and corTect copy of a resolution adopted by
the Fort Wayne Board of Public Works at their meeting held
and as same appears
of record in the official records of the Board of Public Works.
1/
DATED THIS .^1_DAY OF
FORT -WAYNE BOARD OF PUBLIC WORKS
1986
David J. Kii'ester
Dirxfftor of Public Works
CVsseJ^ te R. sTmon
Director of/ Admi
LStration & Finance
I
145
Resol ut 1 on
Bill No . G-85- 12-12
Page two
LawTyence D. Consalvos
Director of Public Safety
^45
1
l/fiCAT/O^ PETtT/ON /17J
A per/T/ON TO i/f)cf^r£ r//£ Descf^/aeo D£D/CAreD &r/^.'ry
MnP NO. M-30
COUNCIL MM I C D/sm/cr rVO- 3
-7
1)
<
d
u
Q
<
O
CC
_J
<
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q:
1-
z
<_)
z
z
it».4
BLOCK 6
f/aCMENT To 8E ^ I
<
5 BLOCK 7 I
liJ
>
a:
Q
S STABLE
*•/.«
DRIVE
UJ
BLOCK 5
u
«<»
>»
s
>-
<
o
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Q.
COLLINS
1
'»»
5 10
^
Zoning:
Land Use:
Ml OENERfiL INDUS rpy
Scale: /-V^O' j^f- Dale: 85
NORTH
145
=„r Hr, Rlock 10. Speedway Addition, Section II
Vacation: Easement in BiocK lu, i
1) , Traffic Engineering - No Objection
2) Park Board - OK to vacate.
3) Water Engineering - No objection.
water Pollution Control Engineering - ^ ^^f^ 3-ror::::ing"p:Lr%o
vacation of existing easement.
5) NIPSCO - No objection.
6) GTE - No objection.
7) Citizens Cable - No objection.
8) I&M - No objection.
1
Wednesday, January 8, 1986
Department of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
Q. J. Kiester, Member
C. R. Simon, Member
I, D. Consalvos, Member
Carolyn S. Eschmann, Clerk, Pro-Tem
1. Received resolution for the vacation of dedicated Approved and Resolution 76-1-1 adopted,
utility easement situated in Fort Wayne, Part Copy herein incorporated.
of Block 10, Speedway Addition, Sec. II, petitioned
from C. H. Kraus Street Metal and submitted by
City Plan.
2. Received resolution for the vacation of portion of Approved and Resolution 76-1-2 adopted,
public street situated in Fort Wayne, Indiana,
commencing on the centerline of Brooklyn Avenue, =
Vesey's Garden Addition petition from Gerald L.
Doran, and submitted by City Plan.
3. Received Partial Payment #7 from Natgun Corp. ,
for work performed on Southwest Reservoir,
Contract 85-W-l, in the amount of $28,878.45.
4. Received two Certificate of Claim Forms, in
the amount of $62.50 and $650.20 respectively,
for damages on Contract #8S-XP-4, - 30" Indiana-
polis Road Feeder Main - GM Project. These
claims are in accordance with the conditions
of the Grant Easement. One Claim was from
Steven § Suson Reddin and the other to Sandpoint
Greenhouse .
Approved and forwarded to City Utilities
Accounting and charged to Work Order #63757.
Approved and forwarded to City Utilities
Accounting and charged to Work Order #63731.
Received Certificate of Claim Form in the
amount of $2,650.00 from the Dreyers, 5330
Kroemer Road for damages incurred on North
American Van Lines, Contract 85-XP-7, Delbert,
Norbert, Harold § Ronald Dreyer. This claim
is in accordance with the conditions of the
Grant of Easement.
Approved and forwarded to City Utilities
Accounting and charged to Work Order #73770.
6. Received Partial Payment #4 in the amount of
$24,376.86 from Bercot, Inc., for work performed
on Res. 395-85, SSES Subsystems DS, ES, GS, KS.
Retainage monies to be deposited in escrow
account is $2,708.54.
7- Received Partial Payment #4 in the amount of
$1,432.00 from Owens-Russell 5 Associates for
work performed on Southwest Interceptor S-2,
Res. 408-85, Phases I through V.
Received invoice from Pitometer Associates
in the amount of $6,483.75 for work performed
on Pitometer Survey - Phase II.
Received November 1985 invoice from EMA for
engineering services on the Computerization
10.
Project at the WPC Plant.
Received Partial Payment #8 in the amount
of $124,024.52 from Fleming Exc, Inc. for
work performed on Summit Park Res. #74-150-2.
Further Escrow check to be issued to Decatur Bank
in the amount of $13,780.51. Release of escrow
to be $137.71.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
79082.
Approved and forwarded to City Utilites
Accounting and charged to Work Order
72855.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
63678.
Approved and forwarded to City Utilities
Accounting and chargedto said project.
Approved and forwarded to City Utilities
Accounting and charged to W. 0. 72861.
11. Received invoice from Dailey Asphalt (Progress
Estimate #5) in the amount of $26,433.53 representing
retainage due on Res. 6027-85, 198S Resurfacing on
Harris Rd. , Sherman, Parnell, Crescent and Reed Rd.
Approved and paid from Civil f
Appropriation *1 -38-972-LRE.s,' ■
12. Received recommendation from Water Pollution Control
Department that we accept Meadowbrook Drive -
Shepherd Lane Sanitary Sewer as part of the City's
sewer system.
13. Received recommendation from Water Engineering
Department that we accept Winterset, Sec. IV,
Contract 8S08B as part of the City's water System.
14. Received Indemnification Agreement in Consideration
of Grant of Temporary Easement and Right-of-Entry
for the Res. 898-85 Sanitary Sewer Project by
Donna Jones, Contract Buyer and Wilbur Weber,
Contract Seller. The City of Fort Wayne agrees to
indemnify and hold harmless sand Grantor/s from
any liability to, or claims, demands, actions or
causes of action on behalf of, any third party, occasioned
by, arising out of, or in any manner connection with the
construction of said Project,
Approved and acceptance letter
to Bercot, Inc.
Approved and acceptance letter i
to Richard Ness 5 Trucking, i,/''
Approved. Copy herein incorpor;i,
15. Received progress estimate #5 from Wayne Asphalt fj Con-
struction Co., Inc. in the amount of $18,821.08 for
work performed on Res. 6029-85 - Asphalt Resurfacing
Project (2nd Batch). Retainage to be held is $500.00.
Approved and paid from Civil
City Funds .
16. Received petition for additional lighting to be
installed on three existing utility poles on
south side of Pearl between Webster § Ewing
from Perfection Biscuit Co., Inc.
Approved and forwarded to Street
Lighting for their investigation.
17. Received pay request from Archonics, Pay Request
#3 - 9899-11 for professional services performed
in connection with the space needs study of the
existing City offices as described in Architectural
Agreement dated 9/11/85, in the amount of
$20,300.00.
18. Received pay request in the amount of $4,200.00
from Robert F. and Marilyn Gibson as a result of
negotiations for easements and rights-of-way for
"Southwest Interceptor" Res. 407-85, Phase VII.
This for crop damage on Gibson's property at 10226
Lafayette Center Road.
j^g Received pay request from Ruhl and Lois C. Buskirk
for Southwest Interceptor, Res. 407-85, Phase VII,
in the amount of $2,422.00 as a result of ne-
gotiations for easements and rights-of-way for
crop damage on property at 11402 Lafayette Center
Road as part of the easement damage settlemen.
20. Received pay request from Mergy Construction Co., Inc.,
for final invoice #5 for work completed on Res. 6016-85,
Pontiac Place NSA in the amount of $12,712.21.
21. Received Partial Payment #4 from Hydrostorage, Inc.,
for work performed on Contract #85-W-3, CM Elevated
Tank, in the amount of $47,348.95 to Hydrostorage
and $2,492.00 to Escrow - Ft. Wayne National Bank.
22. Received pay request from Mudrack Tree Service in
the amount of $3,145.00 for work completed on Res.
6033-85 - Tree Removal for Dike Restoration.
23. Received pay request from Mergy Construction Co. ,
Inc. in the amount of $1,850.00 for work com-
pleted - CM. P. repair under Clay Dike at Southern
Terminus of Mechanic Street.
Forwarded to City Utilities for
payment (to be reimbursed from
Civil City)
Approved and forwarded to City
Utilities Account and charged »
Work Order 72855, Phase VII, U"^
Acquisition .
Approved and forwarded to City
Utilities Accounting and chargei
to Work Order 71855, Phase VII,
Land Acquisition.
Approved and forwarded to CD5P
Accounting for payment.
Approved and forwarded to Cit)
Utilities Account and charge
to Work Order 63755.
Approved and paid from Civil
City funds.
Approved and paid
City No. 3-45-006-BWC-P4-131
3
,j Received pay request #2 in the amount of $31,566.82
■ from Rieth-Riley Construction Co. , Inc. for work per-
formed on Lynn Ave., Phase I-A, Res. 6017-85.
15 Received invoice #5 from HBTB for professional
services performed in connection with updating
the existing master plan for sewers and waste-
water treatment as described in Engineering
Services Agreement dated 5/1/85 in the amount of
$4,250.00.
)5 Receive pay request #3 in the amount of $4,383.00
from Hipskind Concrete Corporation for work per-
formed on Fairfield NSA, Ph. 1, Res. 6031-85.
Approved and forwarded to Controller's
Office to be paid from Revolving
Barrett Law Funds.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
#72967.
Approved and fowarded to CD§P Accounting
to be charged to Appropriation #
1-95-008-FFC-14-431.
Received pay request Invoice #00231 in the amount
of $1,899.35 from Tank Industry Consultants, Inc.
for inspection services on GM Elevated Tank -
Div. W-3, Contract 85-W-3.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
#63755.
Received pay request from D. N. Higgins, Inc.
on Dalman-Smith Feeder Main, Contract No. 85-XP-2,
GM Project, Div. W-2, in the amount of $126,958.57.
(no escrow agreement)
Received Partial Payment #4 from Weitzel Const. ,
Inc. for work performed on Water Contract 85-XP-6,
GM Water Main, in the amount of $74,154.51.
$3,902.87 should be paid to Escrow Agent, Lincoln
National Bank.
Approved and forwarded to City Utility
Accounting to be charged to Work Order
63759.
Approved and fonvarded to City Utilities
Accounting and charged to W. 0. 63763.
)0. Received the following driveway permits:
Approved.
P-48-85/1712 Magnavox Way/Wayne Asphalt
R-172-85/918 Easton Trail/L. D. Construction
R-173-8S/7513 Bridgewater Dr./L. D. Construction
R-174-85/829 Easton Trail/L. D. Construction.
R-175-85/808 Pinehurst Dr./L. D. Construction
il. Received executed Contract for St. Joe Road -
St. Joe Center Rd. Sanitary Sewer, #897-85,
in the amount of $24,410.00, Land Excavating,
Inc. , Contractor.
j-'. Received Change Order #1 for GM Water Contract
#1 (FINAL) for GM, Contract #85-XP-6, in the
amount of $61,914.70 increase, Weitzel Const.,
Inc. , Contractor.
Approved and sent to Common Council
January 14, 1985.
Approved and sent to Common Council
January 14, 1986.
Meeting- adj ourned
Da)«^ J. Kiester^ Member
Vcosette, R. Simdn, Member
"TEST: P^^^^
Carolyn 6. Eschmann.Clerk Pro-Tem
LawSence D. Consalvos, Member
Wednesday, January 15, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Carolyn S. Eschmann, Clerk Pro-Tem
1. Received recommendation from Water Engineering
Department that we accept Water Contract 85-XP-3
Ferguson Road - GM Project, as part of the City's
Water System.
2. Received recommendation from WPC Eng. Department
that we accept Breconshire Sanitary S Storm Sewer
Phase II as part of the City's Sewer System.
3. Received Sewer Construction Permit for
Centennial Park, Sec. V Sanitary Sewer
Extension .
Approved and acceptance letter
written to Scheidleman, Inc.
Approved and acceptance letter
written to Graber Excavating.
Approved and Board Order 27-
issued.
10.
Received recommendation from Water Engineering
Department that we accept Sawmill Woods Sec. IV
Water Main as part of the City's Water System.
Received Partial Payment No. 3 and invoice in
the amount of $4800.08 from Scheidleman Excava-
ting, with $252.72 to be paid to Escrow Agent,
Summit Bank, for work performed on Water
Contract 85-XP-3, Ferguson Road - GM Project.
Received request from Scheidleman Excavating
for release of Escrow Funds in the amount of
$6,935.65 for work performed on Water Contract
85-XP-3, Ferguson Road - GM Project.
Received pay request from Tank Industry Con-
sultants, Inc. for inspection services on
Contract 85-W-3, GM Elevated Tank- Div. W-3,
in the amount of $324.50.
Received invoice in the amount of $5,600.00
for the City's share of the costs of operation
and maintenance of stream gaging station on the
St. Joseph River near Fort Wayne and on Spy Run
Creek at Fort Wayne for the period Oct. 1, '85
to Sept. 30, '86.
Received invoice for professional services from
Clyde E. Williams § Associates, Inc. per the
April 24, 1985 Engineering Agreement in the
amount of $752.41 for work performed on Lighting
Study and Report for Coliseum Blvd.
Received invoice from Brooks Construction Co. ,
Inc. in the amount of $1,890.00 for work per-
formed on CBD Resurfacing Project, Res. 6025-85.
Retainage to be held is $210.00.
Approved and acceptance letter
written to Porter Excavating, Inc.
Approved and forwarded to City
Utilities Accounting to be charged
to Work Order 63760.
Approved and requested release
of escrow from Summit Bank.
Approved and forwarded to City
Utilities Accounting to be charged
to Work Order 63755.
Approved and forwarded to City
Utilities for payment.
Approved and forwarded to City
Utilities for payment.
Approved and charged to Civil
City to be charged to ApproprW
No. 1-38-972-LRE-S4-431.
5
Received pay request from 3-Rivers Barricade Co.
in the amount of $96.32 for providing barricades
on St. Joe Blvd. for Dike Restoration by Army
Corp.
Approved and paid from Civil City Funds.
Received City Utilities Invoices totaling
$13,706.00 for St. Joe Road, Bluffton Road,
and Maplecrest Road.
Approved and charged to LR5S
Account indicated out of Fund 138.
13. Received for Board adoption Resolution #415-85,
F,ast State Evangel Assembly of God Lift Station,
from WPC Engineering Department. This is in
connection to the East State Blvd. widening
pro J ect .
Received invoice from Rieth-Riley Construction
Company, Inc., in the amount of $7,815.05 for
retainage held on the subject project which has
been completed.
15. Received sewer extension agreement for Wayne
Haven Industrial Park Sanitary Main Extension
submitted by Water Pollution Control Agreement.
16. Received County Utility Agreement for sanitary
sewer service located at Indianapolis Road
(S.R. #3} from South County Line Road to
Lafayette Center Road. (SR Project No. 6102)
17. Received petition from owners of real estate
on installation of 27' concrete street with
curbing, sidewalks and ornamental street
lights (located on Danner Drive from North
Drive to South Drivel .
Approved and adopted. Dates for
advertising not decided. Copy of
resolution herein incorporated.
Approved and forwarded to CD§P
to be charged to Appropriation
#l-95-008-MIC-13-431.
Approved and forwarded to WPC
Engineering for their recording.
Copy herein incorporated.
Approved and forwarded to WPC
Engineering for their recording.
Copy herein incorporated.
Approved and forwarded to Street
Engineering and Street Lighting
for their investigation.
18. Received for Board adoption Resolution #416-85,
Paulding Road - Decatur Road Point Repair Im-
provement Resolution "Amended" Resolution 416-85.
19. Received for Board adoption Resolution #417-85,
"Woodhurst- Belmont Storm Sewer Improvement" -
Phase I.
Approved and adopted. Dates for
advertising January 24 § 31, 1986.
Date to receive bids February 12,
19S6.
Approved and adopted. Advertising
dates to be advised.
20. Received for Board adoption Resolution #418-85,
Anderson Avenue Storm Sewer Improvement .
Approved and adopted. Dates for
advertising January 24 § 31, 1986.
Date to receive bids February 12,
1986.
21. Received for Board adoption Resolution #419-85,
Prospect Avenue Storm Sewer Improvement.
22. Received Advertisement for bids. Notice to
Contractors to be Published January 24 § 31,
1986, for Contract No. 86-W-l, Waterworks
Park Fountain, from McNamee, Seeley S Porter.
23. Received plat submitted by Plan Commission
for Montrose Square Plat.
24. Received Resolution for Board approval
for Comcast Corp. to acquire all stock
of Citizens Cable Communications, Inc.
fi approve transfer for cable television
franchise to Comcast.
Approved Cable Res. Copy herein incorporated.
ATTESK ^jh.jd. :^A,....i^Ju^
Helen V. Gocheriour, Clerk
Approved and adopted. Dates for
advertising January 24 § 31 , 1986.
Date to receive bids February 12, 1986.
Approved and forv^^arded to newspapers
to be published. Date to receive
bids Feb. 12, 1986.
Lawrence D. Consalvos, Member
\
Thursday, January 16, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 3:30 p.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. HEARING ON NOTICE OF ASSESSMENT
Winchester Road Sanitary Improvement
Resolution 404-1984
Confirmed. Ordered Finance Department,
proceed. '
ATTEST
Helen V. Gochenour, CTerl
k
Hearinft^djourned at 4:25 p
Wednesday, January 22, 1986
Department of Public Works S Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
0. J, Kiester, Member
C. R. Simon, Member
1. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. Received recommendation from Water Engineering
Department that we accept Hacienda Village Water
Main Extension - Contract 8406, as part of the
City's Water System.
2. Received Partial Payment #3 from Indiana Construction
Corporation in the amount of $13,500.00 for work
performed on Res. 408-85, Phase #V, Southwest
Interceptor S-2. Also they requested release of
escrow from Escrow Agent in the amount of $11,537.28.
3. Received Partial Payment #2 in the amount of $7,479.87
and Invoice and Certificate of Claim in the amount
of $3,S24.07(Retainage) from All Star Construction
§ Excavating, Inc. for work performed on Hacienda
Village Water Main Extension - Contract 8406.
4. Received Partial Payment #8 from Natgun Corporation
for work performed on Southwest Reservoir, Contract
8.S-W-1, in the amount of $5,047.40.
5. Received Partial Payment Request #5 from Hydrostorage,
Inc., dated 12/18/85, for work performed on CM Elevated
Tank - Contract 8S-W-3, in the amount of $37,055.70.
$1,950.30 is to be paid to Escrow Agent - Fort Wayne
National Bank.
6. Received Invoice #8 from Beam, Longest 5 Neff, Inc.
on Contract 85-W-3, CM Elevated Tank, in the amount
of $936.78.
7. Received Certificate of Claim forwarded to us by
Fred McCulloch for crop damages on Contract 85-XP-5,
CM Water Main Extension, Jackmeyer, Trumbower Claim,
in the amount of $250.00.
8. Received Invoice #1 dated Oct. 1, 1985 in the amount of
$22,803.75 from Gaines Construction Co., Inc. for
work performed on Hanna-Creighton NSA, Phase IV,
Res. 6022-85. Retainage to be held is $2,533.75.
9. Received Partial Payment #5 from Weitzel Const.,
Inc. in the amount of $4,750.00 for work performed
on Water Contract 85-XP-6, GM Water Main. $250.00
should be paid to Escrow Agent, Lincoln National
Bank.
lO- Received Invoice No. 2 in the amount of $25,645.59
for work performed on Hanna-Creighton NSA, Phase IV,
Res. 6022-85, Gaines Construction. Retainage to be
held is $2,849.51.
'1- Received for Board's review and execution an "Agree-
ment" document for Lot #117, of Lincolndale Addition.
Approved and acceptance letter
written to All Star Construction,
Inc.
Approved and forwarded to City
Utilities to be charged against
Work Order 73855.
Approved and forwarded to City
Utilities Accounting to be charged
against Work Order 73855.
Approved and forwarded to City
Utilities Accounting to be charged
against Work Order 63757.
Approved and forwarded to City
Utilities Accounting to be charged
against Work Order 63755.
Approved and forwarded to City
Utilities Accounting to be charged
to Work Order 63755.
Approved and forwarded to City Util
ties Accounting to be charged
to Work Order 63762.
Approved and forwarded to CDSP
Accounting for payment.
Approved and fowarded to City
Utilities Accounting to be charged
to Work Order 63763.
Approved and forwarded to CD§P
Accounting for payment.
Approved and sent to WPC Eng.
for their recording. Copy
herein incorporation.
8
12. Received C.B.D. Signal Modernization - Phase III
Utility Agreements for federal aid construction
project .
13. Received the following driveway permits.
C-64-8S/2802 Congressional Parkway/JHS Inc.
R-170-85/2906 Roscommon Dr. /Star Builders
P-2-86/828 Greeley St. /Fox Contractors Corp
P-21-85/2903 Westbrook Dr. /Brooks Const
R-142-85/4730 Liggett Dr. /Alfred Cummings
C-1-86/700 blk. Van Buren St./STI Const. Corp.
14. Received pay request from Tomco Const. Co.,
Inc. for miscellaneous Construction at
4130-4126 S. Wayne Avenue, sidewalk construction
This includes retainage and is in the amount
of $1,282. 32.
Approved and copy herein inc
Approved.
Approved and paid from Civil Ci
ty Funds,
IS. Received invoice from Gibson, Tourney, Kim,
Inc. in the amount of $11,456.23 for Study'
and Recommendations for City-County Parking
Plaza.
Paid from Civil City Building Funds
per contract dated May IS, 1985.
ATTEST:
9
Wednesday, January 29, 1986
Department of Public Works f, Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
[1, J, Kiester, Member
C, R. Simon, Member
L, D. Consalvos, Member
Helen V. Gochenour, Clerk
III!
1. RECEIVE BIDS - Res. 898-85 - Doenges Dr. San. Sewer
ALL STAR CONSTRUCTION $13,285.00
BERCOT, INC. 20,610.00
DEHNER, INC. 17,494.10
S. E. JOHNSON CO. 32,338.00
LAND EXCAVATING 15,532.00
SCHEIDLEMAN EXCAVATING 25,407.00
T-G EXCAVATING 23,130.00
TOMCO CONST. 19,890.00
Engineer's Estimate 36,500.00
-. Received Sewer Construction Permit for Ft. Wayne
Educational Facility from Bercot-Gibson Const.
Co., Inc. ((Automotive Center).
5. Received Partial Payment #4 for T-G Excavating,
Inc. in the amount of $19,547.31 for Res. 410-85,
Evard Road Overflow Pump Station. Retainage to
be held is $2,037.65.
■I- Received pay request from McNamee, Porter 5 Seeley
in the amount of $19,170.00 for work performed
on Optimization Study.
^- Received Invoice #6 from Earth Construction Company,
Inc. in the amount of $22,046.85 per Purchase Order
A-45055 for Work performed on Maplecrest Road Extension.
Also received Escrow Agreement.
Received City Utilities Invoices for Rudisill Blvd. and
Bluffton Road for engineering, surveying, drafting and
inspection services in the amount of $4,379.35.
■• Received Invoice #3 from Gaines Construction Co., Inc.
in the amount of $2,206.14 for work performed on
Historical Museum Entrances - Res. #6013-85. Re-
tainage to be held is $245.12.
^- Received recommendation from WPG Engineering Dept.
that we accept Engle Ridge North Sanitary Sewer
extension as part of the City's sewer system.
Received recommendation from WPG Engineering Dept.
that we accept Winterset Storm Sewer Sec. IV as
part of the City's Sewer System.
Award 2/12/86
Approved .
Approved and forwarded to City Utilities
Accounting for payment to be charged to
Work Order 72856.
Approved and forwarded to City Utilities
Accounting for payment as per their
Contract .
Approved and paid from Civil City Funds.
Approved and charged to LR§S Account 138.
Approved and paid from Civil City Funds.
Approved and acceptance letter written
to Earth Construction.
Approved and acceptance letter written
to Richard Ness Excavating f, Trucking Inc.
10
10. Received recommendation from WPC Engineering that
we accept Winterset Sanitary Sewer Sec. IV as part
of the City's sewer system.
11. Received recommendation from WPC Engineering that
we accept Winchester Road Sanitary Sewer, Res 404-84
as part of the City's sewer system. '
12. Received recommendation from WPC Engineering that
we accept Freeman Street Sanitary Sewer
as part of the City's sewer system.
13. Received request for fire hydrant installations
from St. Joe Township - Four Areas.
14.
Priority Area 1
Priority Area 2
Priority Area 3
Priority Area 4
Centerhurst
Sunnybrook
Bohde Grove
Park State
(10)
(12)
(8)
(10)
Estimated cost per installation $1,800.00.
Received Encroachment Report, Landowner -
Sylvester § Mildred Hughes, 815 Francis
Street, Fort Wayne, IN, 46802. It was
determined that this encroachment in no
way impairs the street or interferes with
the free and safe flow of traffic thereon
and it is recommended that the encroachment
be permitted to remain.
15. Received the following driveway permit.
C-86-003/2215 E. Wallace Street/Zunbrun Const.
16. Received Change Order #1 (Final) on Water
Resolution # 1032-84 - Ludwig Park Drive
increasing amount $230.60. New Contract
Amount $18,063.04. Scheidleman is the contractor.
17. Received Resolution waiving area connection fee
for Bohde Realty, Inc. in Parkview Addition,
Sec. A, B, § C.
18. Received for board approval Special Provisions
for Project MG -M-00)C(033) C.B.D. Signal
Modernization Project-Phase III 5 Utility
Agreements for the following;
Street Lighting
WPC Utility
Water Utility
Communications Dept.
Citizens Cable Communications, Inc.
Northern Public Service
Indiana 5 Michigan
General Telephone.
ATTEST
Helen V. Gochenour, Clerk
Approved and acceptance letter
written to Richard Ness ExcavL.
5 Trucking, Inc. ""^^ti„.
Approved and acceptance letter
written to All Star Construction
§ Excavating. "
Approved and acceptance letter
written to D § M Mechanical
Contractors, Inc.
Approved and ordered Water Eng
to proceed with necessary arrano
ments.
Taken under advisement.
Approved .
Approved and sent to Common Council
February 11, 1986.
Approved. Copy herein incorporate;
Approved .
David J. Kiester/Membe
Lawrence D. Consalvos, Member
Wednesday, February S, 1986
Department o£ Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
p. J. Kiester, Member
C. R. Simon, Member
I, D. Consalvos, Member
Helen V. Gochenour, Clerk
RECEIVE BIDS
Installation of Cathodic Protection for the
Maplecrest Road Elevated Tank - 85-W-S
Pennwalt - Wallace § Tiernan Div. $7,641.00
Received request from Fort Wayne City Plan
Commission whereas Thomas G. Bastress petitioned
to hold a public hearing upon the vacation of
dedicated utility easement beginning at the
N. E. corner in Enterprise Center.
Approved and Resolution 76-11-2 adopted.
Copy herein incorporated.
Received request from Fort Wayne City Plan Approved and Resolution 76-11-3 adopted
Commission whereas Interstate Industrial Parks, Copy herein incorporated.
Inc. and Magnavox Government and Industrial
Electronics Company petitioned to hold a public
hearing upon the vacation of railroad spur easement
in Interstate Industrial Park.
Received request from Fort Wayne City Plan
Commission whereas Fort Wayne Anodizing
petitioned to hold a public hearing upon
vacation of public alley extending from Wayne
Trace.
Received recommendation from WPC Engineering
that we accept Arlington Park Sec. VII, Phase
II or XII-A as part of the City's sewer system.
Received recommendation from WPC Engineering
that we accept Arlington Park Sec. XII, Ph.
Ill, as part of the City's sewer system.
Approved and Resolution 76-11-4 adopted.
Copy herein incorporated.
Approved and acceptance letter written
to Kurtz Excavating.
Approved and acceptance letter written
to Kurtz Excavating.
Received recommendation from WPC Engineering
that we accept Arlington Park XII Sanitary
Sewer as part of the City's sewer system.
Received recommendation from WPC Engineering
that we accept Residence Inn Sanitary Sewer
as part of the City's sewer system.
Received the following driveway permits.
R-01-86/1602 Vance Ave. /Scott Lombard Real Estate
R-01-86/1604 Vance Ave. /Scott Lombard Real Estate
Received pay request from Bercot, Inc., payment
#5, in the amount of $120,114.36 for work performed
on Res. 395-83, Rehabilitation of Sewers, SSES
Subsystems DS, ES, GS, KS, Federal Grant
C-180775-02. Further retainage monies in the
amount of $13,346.04 to be deposited in Escrow
Account, Suiranit Bank.
Approved and acceptance letter written
to Kurtz Excavating.
Approved and acceptance letter written
to Gene Keller 6 Sons.
Approved .
Approved and forwarded to City Utilities
Accounting to be charged to W.O. 79082.
11.
12.
Received partial payment #9 in the amount of
$55,872.20 from Fleming Excavating, Inc.
in the amount of $55,872.20, for work performed
on Summit Park, Res. 74-150-2, EDA # 06-01-02027
Further, escrow check in the amount of $6,208.03
to be issued to Decatur Bank § Trust Co.
Received Invoice No. 7817 in the amount of
$50,617.00 from Neumann Company Contractors,
Inc., for work in process on the repainting
of Redwood-Chestnut Water Tower, Contract No.
85-W-4.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 72861
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 63782
13.
14.
Received Partial Payment Request #7 from the
Robert Henry Corporation in the amount of
$32,823.45 for work performed on the South-
west Pump Station - Contract 85-W-2, South-
west Pump Station.
Received pay request for CD5P projects
from Street Engineering for engineering
services .
Approved and forwarded to City Utilities
Accounting to be charged to IV. 0. 63758.
Approved and forwarded to Community
Development and Planning for payment.
15. Received for Board's execution Gleneagles
Water Contract No. 8510, B. 0. 79-85.
16. Received Encroachment Report, Landowner
Maurice J. f, Paul C. DeWald, c/o Alter
Bros. Inc., 502 E. Wayne Street, Ft.
Wayne, IN. South edge of sign 13 '0"
from the n. curb line of Wayne 5 10 '6"
from e. curb line of Clay.
Approved .
Approved.
ATTEST: yLk^AjMA^OLA
Helen V. Gochenour, Clerk
Lawrence D. Consalvos, Member
13
Wednesday, February 12, 1986
[lepartiiient of Public Works S Safety
Office of the Board
Room 910. City-County Building
Meeting held at 9:00 a.m.
5^ J. Kiester, Member
R. Simon, Member
D. Consalvos, Member
Helen V. Gochenour, Clerk
I, RECEIVE BIDS
Amended - Res. 416-85
Paulding Rd. - Decatur Rd. Point Repair
ALL STAR CONST. $44,938.96
BERCOT, INC. 26,680.00
JOHN DEHNER, INC. 21,341.00
LAND, INC. 20,300.00
HERGY CONST. 34,643.30
T-G EXCAVATING 36,826.00
Eng. Estimate $13,545.00
RECEIVE BIDS
Contract 86-W-I - Waterworks Park Fountain
Alt. $72,250.00
64,820.00
38,560.00
66,347.50
78,492.00
JOHN DEHNER, INC.
HAGERMAN CONST.
INDIANA CONST.
SHAMBAUGH 6 SON
Eng. Estimate
435,206.00
515,700.00
392,900.00
554,400.00
330,000.00
5. Received Partial Payment #6 from Hydrostorage , Inc.
for work performed on GM Elevated Water Tank,
Contract 85-W-3, in the amount of $26,762.45
with $1,408.55 to Escrow. (Escrow Agent
Fort Wayne National Bank),
Received partial payment #5 in the amount of
$13,808.96 from Bercot, Inc. for work performed
on Southwest Interceptor S-2, Res. 408-85,
Phase II. $35,368.28 is to be released from
escrow.
Received Invoice #4 in the amount of $3,837.00
for the retainage held on contract for Fairfield
NSA, Phase I, Res. 6031-85. $1,440.00 for seeding
is being held which will be done in the spring.
Hipskind Concrete Corporation is the contractor.
Tenative award in 2 weeks.
Tenative award in 2 weeks.
Approved and ordered payment from
Work Order 63755.
(City Utilities Accounting)
Approved and ordered payment from
City Utilities Accounting to be
charged to Work Order 73855.
Approved and forwarded to CDSP to
be charged to Appropriation #
1-95-008-FFC-I4-431 .
ill
fin*
1 114
i
ill
Received Certificate of Claim forwarded by
Fred McCulloch for crop damages on Contract
85-XP-5 - GM Water Main Extension for Hager-
man Realty Corporation in the amount of $562.50.
Approved and forwarded to City Util
Accounting to be charged to W.O, 537^!
7. Received invoice #3 from Gaines Construction
in the amount of $4,844.94 for work performed
on Hanna-Creighton NSA, Phase IV, Res. 6022-85.
Retainage to be held is $538.32.
8. Received December 1985 invoice from E.M.A. for
engineering services on Computerization Project
at the WPC Plant in the amount of $6,575.67.
Approved and forwarded to CD§P Account
for payment . "
Approved and forwarded to City Utilit
Accounting for payment.
9. Received Sewer Construction Permit for Longwood
Section IV Sanitary Sewer Extension.
Approved and forwarded to WPC for thei
distribution.
10. Received Notice to Proceed for St. Joe Road
Pump Station Elimination, Resolution 402-84
(Riviera Plaza Portion Only) for Board's
signature. Contractor T-G Excavating, Inc.
11. Received for Board's approval Resolution
420-86, Miami Village Storm Sewer Resolu-
tion.
12. Received Encroachment Report, Landowner
Lawrence W. Dent 1438 C R 66, Auburn, IN
46706 for the sign the north edge 7 '6"
from the east curb line of Clay Street and
13' 3" from the south curb line of Berry
Street. The bottom of the sign is 10' 5"
from the sidewalk.
Approved and Notice to Proceed forwardej
to T-G Excavating.
Approved and adopted. WPC to inform
Board dates for advertising. Copy
herein incorporated.
Approved and forwarded to Traffic
Engineering .
13. Received recommendation from WPC Eng. Dept.
regarding petition for Water and Sewage to
Waddington Road, that the petitioners be
notified as to the method of financing
available to them and let them decide whether
they wish to proceed.
Board concurred with WPC's recoramendatio!.
Ordered WPC to notify property owners.
14. Received Sewer Construction Permit for
Arlington Park, Section XVI, from
North Eastern Construction Co., Inc.
A portion of said sewer is to be 15"
in diameter as planned. Oversizing
charge paid by City Utilities and re-
couped from Allen County Regional Sewer
District at time of connection of Lock-
ville Addition.
Approved and forwarded to WPC for theii
distribution .
15. Receivai petition for water main extension
on Inwood Drive from Lake Avenue to Lake-
side Golf Course.
16. Received recommendation from WPC Eng. that
Board of Public Works give permission to
expend funds up to $5,000.00 to proceed with
cost sharing of Illinois Road (SR#I4) and
Thomas Road project. Also received invoice
in the amount $2,300.00 from Dailey Asphalt
for payment of stormsewer construction
outside the limits of subject highway con-
struction.
17. Received recommendation from WPC Eng. that
we accept College Park Condominiums, Phase
I, as part of the City's sewer system.
Approved and forwarded to Water Eng.
Department for their investigation.
Approved and payment payed from Sewer
Relief Funds (Civil City).
Approved and acceptance letter sent to
Geiger Developing, Inc.
18. Received recommendation from WPC Eng. Dept.
to accept College Park Condominiums Sanitary
Sewer Sec. Ill as part of the City's sewer
system.
Approved and acceptance letter written
to Geiger Developing, Inc.
19. Received recommendation from WPC Eng. Dept.
to accept College Park Condominium Phase II
as part of the City's sewer system.
Approved and acceptance letter written
to Geiger Developing, Inc.
TQ. Received recommendation from Duane Embury
that we give time extension to T-G Excava-
ting for "Evard Road - Ramblewood Drive Pump
Station.
Approved .
21. Received executed contract for Res. 6035-85
Spy Run NSA-85 from Hipskind Concrete Corp.
22. Received Change Order #1 for Water Contract
85-XP-2 - Dalman-Smith Road Feeder Main
(GM Proj.) in the amount of $6,058.33,
Douglas N. Higgins, Inc., Contractor.
23. Received the following driveway permits.
Approved and sent to Common Council
February 25, 1986.
Approved and sent to Common Council
February 25, 1986.
Approved .
C-4-86/1829 E. Creighton/Custom Steel Erecting
C-2-86/3600 Blk. Vance Ave . /Security Leasing
24. Received proposed 1986 Professional Services
Contract for Jim Scott. This is a City
Utilities Contract for Special Consultant
Services. This agreement states that compen-
sation payments shall not exceed the sum of
$15,000.00.
25, AWARD CONTRACT - Received tabulation and
recommendation for Res. 898-85 - Doenges
Sanitary Sewer,
Approved and copy herein incorporated.
Awarded to All Star Const. § Excavating, Inc.
in the amount of $13,285.00. Sent to Common
Council on March 11, 1986.
ATTEST
Helen V. Gochenour, Clerk
Meeting adjourned at 10:00 a.m.
David J. Kiestfer, Member
\£osette R/ Simon, Member
Lawrence D. Consalvos, Member
16
Wednesday, February 19, 1986
Department of Public Works g Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. AWARD CONTRACT
Received tabulation and recommendation from WPC
Engineering for Res. 416-85 Amended - Paulding
Road - Old Decatur Road Storm Sewer Repair.
Received City Utilities Invoices from Technical
Services for Bluffton Road and Maplecrest Road
projects totaling $15,799.00.
Awarded to Land Excavating, Inc.
in the amount of $38,560.00 for
Alternate Bid. Bids to be extracted
from Storm Sewer Relief Funds.
Prior approval requested from
Council on February 25, 1986.
Approved and charged to LR§S Account
indicated out of Fund 138.
3. Received Invoice #297 dated Feb. 27, 1986, in the
amount of $1,128.25 from Tank Industry Consultants,
Inc., for inspection on GM Elevated Tank - Div. W-3,
Contract #85-W-3.
Approved and forwarded to City Utilitie
Accounting to be charged to W. 0 . 637S;.
4. Received invoice for Pitometer Study, Partial Pay-
ment #9 Invoice dated Jan. 31, 1986, from the
Pitometer Associates, Inc.
Approved and forwarded to City Utilitie
Accounting to be charged to Work Order
#63678.
5. Received Partial Payment #2 from All Star Con-
struction 6 Excavating, Inc. for work performed
on Water Main to North American Van Lines, Contract
85-XP-7, in the amount of $34,089.90.
6. Received Notice of Main Extension for Hacienda
Village Water Contract No. 8406.
7. Received Sewer Construction Permit for Northcrest
Business Center Office Park Sanitary Sewer Re-
location from Philip Knapke.
8. Received Sewer Construction Permit for Washington
Center Road S Lima Road - Spy Run Interceptor Sani-
tary Extension (Marathon Oil Co.) from John R.
Donovan.
9. Received for Board review and adoption Ludwig
Circle Sanitary Sewer - Resolution #899-86.
This is to be a Revolving Barrett Law Funded
Project.
10. Received for Board review WPC recommendation
Evangel Assembly of God Lift Station adver-
tisement for the award of a construction
contract on Res. 415-85.
11. Received petition for curbs and sidewalks
from H. R. Goetz at 2914 Sherborne.
12. Received petition for installation of
street lighting at 700 block of Hofer from
Mr. § Mrs. Lester Hutson and neighbors.
Approved and forwarded to City Utiliti;
Accounting to be charged to Work Order
#63770.
Approved and forwarded to WPC for
their recording.
Approved and B. 0. 44-86 issued.
Approved and B. 0. 45-86 issued.
Approved and adopted. WPC to advise
dates for advertising.
Advertisement dates 2/21 6 2/28/86
with date to receive bids 3/12/86.
Approved and forwarded to Street Eng.
for their investigation.
Approved and forwarded to Street Ugh""*
for their investigation.
17
j3. Received recommendation from Water Engineering
Department that we accept Breconshire, Phase
II Water Contract No. 8517.
14. Received payment from All Star Construction §
Excavating for Winchester Road Sanitary Sewer -
Resolution 404-1984 in the amount of $10,184.18.
$2,000.00 is to be held in retainage.
15. Receive the following encroachment reports:
Approved and acceptance letter sent
to Graber Excavating.
Approved and forwarded to Controller's
Office to be paid from Barrett Law
Revolving Improvement Fund.
Approved .
Y.M.C.A. - 226 E. IVashington Blvd. - Y.M.C.A.
Jefferson Pharmacy - Helen § Esther H. Griffith
Clay § Berry - Shideler Realty Company (west curb line Clay)
Clay § Berry - Eleanor E. Shideler (north curb line Berry)
t
18
Wednesday, February 26, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS:
Project 86-W-2 - Waterworks Park Confluence
Dredging
ALL STAR CONST.
JOHN DEHNER, INC.
FLEMING EXC.
378,246.00
290,884.00
243,936.00
Engineer's Estimate 338,800.00
Received partial payment #1 from T-G Excavating, Inc.
for work performed for Contract 8S-XP-9, Ardmore
Avenue Water Main, in the amount of $12,773.25.
Received pay invoice #6 for engineering services in
connection with the Master Plan Update for the WPC
Plant. This is a final invoice for this project and
is in the amount of $8,500.00.
No award date set.
Approved and forwarded to City
Utilities to be charged to
Work Order 63869.
Approved and forwarded to
City Utilities Accounting to
be charged to Work Order 72967,
4. Received invoice dated January 31, 1986 from Pitometer
Associates in the amount of $6,412.50 for work performed
on Pitometer Survey - Master Plan Study.
5. Received invoice in the amount of $6,390.00 for engineer-
ing services rendered January 1986 for Optimization Study
at Three Rivers Water Filtration Plant in accordance with
the Contract between the City of Fort Wayne and McNamee
Porter and Seeley dated March 20, 1985.
6. Received request from the Fort Wayne City Plant
Commision whereas St. John Baptist Catholic Church
petition to hold a hearing upon the vacation of
a portion of Pasadena Drive.
7. Received the following driveway permits.
C-3-86/2623 Chichester Ln./Heidelburg Homes
C-5-86/300 E. Cook Rd. /Plantation Supply
8. Received plat of Poplar Ridge submitted by
City Plan Commission.
9. Received Water Contract No. 8521 - Schomburg
Dells for the Board's execution.
Approved and forwarded to City
Utilities to be charged to
Work Order #63678.
Approved and forwarded to City
Utilities Accounting.
Approved and Resolution 76-18-1'
adopted .
Approved .
Approved
Approved and forwarded to Water
Engineering .
10.
Received an amendment to Executed Agreement
for sanitary sewer to serve Arlington Park
Sec. XVI Sanitary Sewers.
Approved .
19
jj Received Sewer Construction Permit for Lincoln
Parkway and Hadley Road Sanitary Sewer Exten-
sion from Gary H. Hilgeman.
[2. Received petition for curbs and sidewalks at
217 E. Branning Avenue from Gary E. Siebern.
j3. Received Escrow Agreement from Douglas N. Higgins,
Inc. for Project 85-XP-2, Dalman-Smith Feeder
Main. Lincoln National Bank is the Escrow Agent.
14, Received Improvement Resolution for curb and
sidewalk, drive approaches and street lighting
for Hoagland/Masterson NPI'86, Res. 6039-86.
Approved and B. 0. 49-86 issued.
Forwarded to WPC for their re-
cording .
Approved and forwarded to Street
Engineering for their investigation.
B. 0. 50-86 issued.
Approved.
Approved and adopted.
Dates for advertising 2/28 8 3/7/86
with date for receiving bids
3/19/86.
15. Received Improvement Resolution for the con-
struction of curbs and sidewalks known as
Oxford NPI "86 area. Resolution 6041-86.
16. Received for Board approval documentation
from Glendon L. Shoda and Mary L. Shoda
saying that they are the grantors to the
Maplewood Utilities, Inc. of an utility
easement and they signed Affidavit as
commitment for compensation in lieu of any cash
payment for the said easement.
17. Received agreement for Sewer Extension between
Gary H. Hilgeman, Pamela E. Hilgeman, and
Bettie J. Hilgeman, and the Board of Public
Works for Lincoln Parkway and Hadley Road
Sewer.
Approved and adopted.
Dates for advertising 2/28 § 3/7/86
with date for receiving bids
3/19/86.
Approved .
Approved and copy herein incorporated.
18. Received request for release of retainage
from All Star Construction (, Excavating
for Winchester Rd. Sanitary Sewer - Res. 404-84
in the amount of $2,000.00.
19. Received request from Earth Construction Co.,
to deposit $22,046.85 to Escrow Agent, Fort
Wayne National Bank, Atten. Cristine Logan,
Trust Department, for Res. 6021-85, Maplecrest
Road Extension.
Approved and forwarded to Controller's
Office to be paid from Barrett Law.
Approved and paid from Civil City.
20. Received acknowledgement of authorization to
proceed with plans, specs and bid documents
for dredging at river confluence to accomo-
date the new fountain.
21. Received invoices for Technical Services Labor on
Cook Road, Industrial Park (Summit Park) Project
thru 10/10/85. The total amount is $6,503.00.
22. Discussion regarding Kroger Company proposed
agreement between the City 5 Kroger Company
in reference to their participation in the
cost of widening East State between Spy Run
and Clinton Street.
Approved .
Approved and ordered payment from
LR6S.
Board taking under advisement and
referred to City Attorney for comment.
21
Wednesday, March 5, 1986
Department of Public Works g Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
Received partial payment #5 in the amount o£
$1,319.50 from Owens-Russell Associates for
works performed on Southwest Interceptor S-2,
Res. #407-85, Phase I thru V.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
#72855.
2. Received pay request from EMA for engineering
services on the Computerization Project at the
WPC Plant in the amount of $2,459.67.
Approved and forwarded to City Utilities
Accounting.
Received invoice from Bercot, Inc. in the amount
of $1,399.00 for work performed on Lake Forest,
Phase II Sewer Project.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
#72985.
Received Partial Payment #10 in the amount of
$2,718.00 for work performed on Summit Park,
Res. 74-150-2, EDA #06-01-02027. Further re-
tainage monies in the amount of $302.00 to be
issued to Decatur Bank 5 Trust Co., 520 N. 13th
Street, Decatur, Indiana.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
72861.
5. Received Water Pollution Control Plant Treat-
ment Agreement between the City of Fort Wayne,
Indiana, and the Town of Grabill, Indiana
Approved and copy herein incorporated.
Received recommendation from Water Eng-
ineering Department that we accept Gleneagles
Water Contract No. 8510 as part of the City's
water system.
Received recommendation from Water Eng-
ineering Department that we accept Ludwig
Park Drive Water Resolution 1032-84 as part
of the City's water system.
Received recommendation from Street Eng-
ineering Department that we accept streets
for Breconshire Phase II.
Approved and acceptance letter written
to John Dehner, Inc.
Approved and acceptance letter written
to Scheidleman Excavating Company.
Approved and acceptance letter sent
to Graber Excavating with copy to
Westbridge Company, Inc.
Received the following driveway permits.
Approved.
P-3-86/4625 Coldwater Rd. /Brooks Const.
C-6-86/1615 Directors Row/Wayne Asphalt
C-7-86/600 W. Main St. /Brooks Construction
10. Received request from Mr. John Mclntyre
for an extension of time to connect to
Lincolndale public sewer. Extension time
is September 30, 1986.
11. Received memo from McNary Paint 5 Wallcovering
regarding their desire to place 6 foot long
benches around Fort Wayne.
12. Received the following street lighting
petit ions .
from 5101 to 5135 Oliver
Kinsmoor Avenue, Brooklyn Ave. to Ozark Ave.
S 1 light on 3300 block of Ozark Ave.
Approved .
Approved and forwarded to CDSP for their
investigation.
Approved and forwarded to Street Lighting
for their investigation.
13. Received petition to construct and maintain
a Heliport and Safety Net over a sidewalk
from St. Joseph Hospital of Fort Wayne.
Approved and forwarded to Traffic En
ingeering for their investigation frn„
to Carl O'Neal f, V.C. Seth)
14. Received the folliwng petitions for sidewalks. Approved and forwarded to Street En
430 Lenox gmeering for their investigation.
1323 N. Anthony
ATTEST:
Helen V. Gochenour, Clerk
Meeting adjourned at 9:35 a
LaJTrence D. Consalvos, Member
25
Wednesday, March 12, 1986
,,,,!|
Department of Public Works I, Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
p, J. Kiester, Member
£, R, Simon, Member
I, D. Consalvos, Member
Helen V. Gochenour, Clerk
[ RECEIVE BIDS - Res. 415-85 East State Evangel of
God Lift Station
ALL STAR EXCAVATING
BERCOT, INC.
JOHN DEHNER, INC.
MERCY CONST.
SCHEIDLEMAN EXCAVATING
T-G EXCAVATING
Eng. Estimate
$25,028.85
29,473.00
33,434.25
26,917.75
44,047.50
31,299.00
31,299.00
2. Received pay request from Bonar 5 Associates, Inc.
for work performed on Project M-F 568(2) State
Blvd. (Reed Rd. to Lahmeyer Rd.) in the amount
of $12,421.73.
5. Received invoice from T-G Excavating for work
performed on Contract #85-XP-5 in the amount
of $186,296.50. $11,134.67 to be placed in
Escrow - Anthony Wayne Bank.
4. Received invoice from T-G Excavating for work
performed on Contract #8S-XP-4 in the amount
of $27,752.59. $2,246.85 to be placed in
Escrow Account - Anthony Wayne Bank.
5. Received request to place escrowed retainage
in Escrow Account - Lincoln National Bank for
Contract 85-XP-2, GM Water Project, D. N.
Higgins, Contractor.
6. Received partial payment #6 in the amount of
$65,138.58 from Bercot, Inc. for Res. 395-83,
Rehabilitation of Sewers, SSES Subsystems DS,
ES, GS, KS, Federal Grant C-180775-02.
Further retainage monies in the amount of
$7,237.62 should be deposited in Escrow Account,
Summit Bank.
Received Invoice #3605 dated 2/26/86 in the
amount of $5,580.00 from Bonar § Associates,
Inc. for work performed on GM Contracts
85-W-l Southwest Reservoir 5 85-W-2, South-
west Pump Station.
Received proposal from Howard Needles Tammen
§ Bergendoff for Engineering Services for
Project Close Out of Sludge Handling Facilities
for the City of Fort Wayne. The estimated
cost for engineering services for Task #1
is $5,000, #2 - $1,000, #3 - $15,000, and
Task #4 - $5,000.
Award Contract Monday March 17, 1986.
Prior approval requested March 18, 1986.
Approved and charged to LR5S Account
#138-972-0021-4431.
Approved and forwarded to City Utilities
Accounting to be charged to Work Order
#63762.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
#63761.
Approved. Work Order 63759.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
#79082.
Approved and forwarded to City Utilities
Accounting and charged to Work Order
#63758.
Approved. Copy herein incorporated.
24
Received request for payment in the amount of
$2,337.50 from Hagerman Realty Corporation
as a result of negotiations by the City Land
Acquisition Officer, Fred McCulloch, for crop
damages on Southwest Interceptor, Res. 406-85
Phase VI.
Approved and forwarded to City
to be charged to Work Order 72s?c"
Phase VI, Land Acquisition '
10.
Received request for payment in the amount of
$175.00 for Malcolm Rose Property as a result
of negotiations for permanent and temporary
easements for property located on Lower Hunting-
ton Road, Southwest Interceptor, Res. 407-85,
Phase II. Check to be made payable to Sand
Point Greenhouse.
Approved and forwarded to City Ot
Accounting to be charged to Work i!f
72855, Phase II, Land Acquisition^'"
11.
12.
13.
Received Improvement Resolution for curb and
sidewalk #6037-86, Pontiac Place '86.
Received Improvement Resolution for curb
and sidewalk #6038-86, Hanna-Creighton '86.
Received recommendation from Water Engineering
to establish a hearing date for water main extension
for McKinnie § Senate. Also received Resolution
1033-86. 55% of property owners signed petition.
14. Received additional petitions for storm sewers
for Eastland Gardens.
15. Received the following driveway permits:
P-4-86/706 E. Pontiac St.
C-8-86/706 E. Pontiac, access on Hanna
Approved and adopted. Copy herein
incorporated. Notice to Contracto-
published 3/14 5 3/21/86 with date"
to receive bids 4/2/86.
Approved and adopted. Copy herein
incorporated. Notice to Contractor
published 3/14 5 3/21/86 with date
to receive bids 4/2/86.
Approved and adopted. Copy herein
incorporated. Notice to Property iv
Thurs., 3/27/86 at 3:30 p.m..
Approved and forwarded to WPC Eng.
Department for their investigation.
Approved .
16. Received Water Contract 8602, Arlington Park,
Sec. XVI, B. 0. 42-86, W. 0. 63896.
Approved .
17. Board reviewed comments from the various
departments regarding St. Joseph Hospital/
Heliport. They asked St. Joseph Hospital attorney
to meet witli City Attorney to discuss "Hold Harm-
less" clause.
18. Received Agreement between Clyde E. Williams 5
Associates, Indianapolis, regarding Roadway Ltg.
to be installed on U.S. 30 (Coliseum Blvd.) from
Lake Ave. to U.S. 33 Goshen Ave. - amount
$44,325.00.
ATTEST
Helen V. Goche'nour
Board will review and make deteni-
nation at a later date.
Approved and copy herein incorporat
Meeting adjourned at 10:15 a.m.
David J. Kiesfer, Member
Lai^rence D. Consalvos, Member
Thursday, March 13, 1986
Oepartment of Public Works § Safety
Office of the Board
Room 910, City-County Building
Hearing held at 3:30 p.m.
1. HEARING ON NOTICE TO PROPERTY OWNERS ACTION
Resolution 896-85 Continued to 3/27/86 at 3:30 p.
McKinnie Avenue - Senate Avenue Sanitary Sewer
Hearing adjourned at 4:15 p.m.
David J. Kiestl«r, Member
ATTEST :^,
Monday, March 17, 1986
Department of Public Works § Safety
Office of the Board
Room 910. City County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
AWARD CONTRACT
1- Received Labuiation and recommendation from WPC
Engineering Department on Res. 415-86 - East State
Evangel of God Church Lift Station.
Awarded to All Star Excavating i„
the amount of $25,028.85.
ATTESTX AliFj'^/J.
Helen V. Gochenour i Clerk
Meeting adjourned at 9:05 a.
)avid J. Kiest¥r, Member
\Cosette
Member
Lawrence D. Consalvos, Menibei
Wednesday, March 19, 1986
Department of Public Works 6 Safety
Office of the Board
Room 910, City-County Building
Meeting at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS No award date has been set
Res. 6039-86 - HOAGLAND/MASTERSON NPI '86
curbs, walks, drive approaches, Itg.
DEHNER, INC. $ 83,148.75
M. A. GAINES CONST. 61,593.00
HIPSKIND CONCRETE 64,220.75
MERGY CONST. 73,279.50
RIETH-RILEY 81,889.50
TOMCO CONST. 76,363.75
Eng. Est. 62,146.25
2. RECEIVE BIDS
Res. 6041-86 - OXFORD NSA '86 No award date has been set
curbs § walks
DEHNER, INC. 65,640.98 Base
44,209.95 Alt.
93,977.10 Alt.
HIPSKIND CONCRETE 42,749.80 Base
34,674.00 Alt.
74,754.60 Alt.
MERGY CONST. 47,749.49 Base
43,563.43 Alt.
97,221.50 Alt.
RIETH-RILEY 60,438.85 Base
45,139.60 Alt.
95,726.20 Alt.
TOMCO CONST. 63,706.60 Base
52,884.00 Alt.
109,991.00 Alt.
Eng. Est. 55,400.90 Base
48,373.00 Alt.
103,244.00 Alt.
28
Received Partial Payment #7 from Hydrostorage , Inc.,
dated February 21, 1986, for work performed on Water
Contract 85-W-3, GM Elevated Water Tank in the
amount of $44,283.30 with Escrow Agent to be paid
$2,330.70.
Approved and forwarded to City
Utilities Accounting and charppj
to Work Order 63755. ^ °
Received invoice from Pitometer Associates for
work performed on Pitometer Study through Feb.
in the amount of $7,980.00.
Approved and forwarded to City
Utilities Accounting and charced
to Work Order 63678.
Received Partial Payment Invoice t>2 from T-G
Excavating, Inc., in the amount of $18,236.26
for work performed on Ardmore Water Main Contract
85-XP-9.
Approved and forwarded to City
Utilities Accounting and charse(
to Work Order 63869.
Received Partial Payment #1 in the amount of
$11,264.49 from T-G Excavating, Inc. Further
retainage monies in the amount of $1,251.61
is to be deposited in Escrow Account - Anthony
Wayne Bank .
Approved and forwarded to City
Utilities Accounting and charged
to Work Order 72786.
Received invoice dated Feb. 28, 1986, from
Pitometer Associates in the amount of $9,405.00
for work performed on Pitometer Survey - Master
Plan Study.
Approved and forwarded to City Utii
Accounting and charged to Work Order
63678.
Received for Board's adoption Improvement Resolu-
tion #6042-86, Michigan Avenue '86, submitted
by Street Engineering.
Received for Board's adoption Improvement Resolu-
tion #6043-86, Fairfield '86, submitted by
Street Engineering.
Approved and adopted. Copy
herein incorporated. Notice to
Contractors advertised 3 / 2 1 5 3/28/86
with date to receive bids 4/9/86.
Approved and adopted. Copy
herein incorporated. Notice to
Contractors advertised 3/21 5 3/28/81
with date to receive bids 4/9/86.
10. Received for Board's adoption Improvement Resolu-
tion #6044-85, Landscaping the right-of-way along
Wells Street from Commerce Street South to the
Railroad Tracks.
Approved and adopted. Copy
herein incorporated. Notice to
Contractors advertised 3 / 2 1 5 3/28/!li
with date to receive bids 4/9/86.
11. Received invoices for Technical Services labor
on street construction at the Cook Rd. Industrial
Park Project (Summit Park) totaling $6,405.00.
12. Received City Utilities Invoice for the
following totaling $15,521.11.
Rudisill Blvd. - LOC 0007
Bluffton Road - LOC 0017
Maplecrest Road - LOC 0044
13. Received invoice #3624 from Bonar 6 Associates,
Inc. dated February 26, 1986, in the amount of
$2,640.00 for Project M-F 568 (3) Hobson Rd. -
East State Blvd. Intersection.
14. Received recommendation from WPC Engineering
to proceed with approval of Wayne Asphalt, Inc.
as contractor for Miami Village-Bluffton Road Out-
fall Storm Sewer - Resolution 420-86
(Fort Wayne Housing Authority Project).
Approved and paid from Board of
Works Funds.
Approved and ordered paid from
LR§S Account indicated out of Fund
138.
Approved and ordered payment fro»
LR5S Account #158-972-0026-4431.
Approved and executed acceptance
portion of proposal.
15.
Received the following driveway application.
C-9-86/1319 Magnavox Way/JSH, Inc.
Approved .
29
I5, Received Agreement between Indiana Department of
Highways S, City for preliminary engineering for
Lindenwood Railroad Project #RRP-F 392 [1}.
[5, Received two invoices from ARE Inc. for their
services on the Pavement Management System as
follows :
Invoice #1 Project #22 $40,413.00
Invoice #2 Project #22 10,103.25
17, Received the following petitions.
Sidewalk 5 curb - 2809 Capitol
Sidewalk - 4201 Fairfield Ave.
18, Received petition for street lighting on
Schilling Ave., from Sinclair St. to
Third St.
19, Received Escrow Account Agreement on Res.
#6019-85, Beacon Street from Lake Ave. to
State Blvd. from Dailey Asphalt Products
Company. Street Eng. recommended that
we deposit $10,893.00 into this account
(Summit Bank) which was retainage held back
on previous invoices.
Approved. Copy herein incorporated.
Approved and paid from LR 5S funds.
Approved. Forwarded to Street Eng.
Dept. for their investigation.
Approved. Forwarded to Street Lighting
for their investigation.
Approved and forwarded to City Utilities
Accounting ,
)
Helen V. Gochenour, Clerk
Meeting adjourned at 9:50 a.m.
Lawrence D. Consalvos, Memoer
30
Monday, March 24, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
Action
1. Received recommendation and tabulation for Res.
6041-86 from Street Engineering. (Oxford NPI '86)
Contract Awarded to Hipskind Con
Corporation in the amount of Uuf
Base, Alt. #1 $34,674.00 Alt S)
$74,754.60. Sent to Coraiion Coun ,1
March 26, 1986. '
31
Wednesday, March 26, 1986
Department of Public Works S, Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
p, J. Kiester, Member
C. R. Simon, Member
I. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Res. 417-85
Woodhurst-Belmont Storm Sewer
ALL STAR CONST. $127,215.00
BERCOT, INC. 169,863.50
JOHN DEHNER, INC. 153,315.23
EARTH CONST.
LAND, INC.
SCHEIDLEMAN EXC.
T-G EXCAVATING
Eng. Est.
142,566.30
151,862.90
149,763.24
196,755.88
198,800.00
2. RECEIVE BIDS
RES. 418-85
Anderson Avenue Storm Sewer
ALL STAR CONST.
BERCOT, INC.
JOHN DEHNER, INC.
127,739.00
144,135.00
128,911.50
HIPSKIND CONCRETE 148,950.00
LAND, INC.
T-G EXCAVATING
Eng. Est.
3. RECEIVE BIDS
Res. 419-85
ALL STAR CONST.
BERCOT, INC.
JOHN DEHNER, INC.
146,812.50
163,886.50
125,025.00
152,763.50
171,570.00
160,973.60
HIPSKIND CONCRETE 194,190.00
LAND, INC.
T-G EXCAVATING
Eng. Est.
179,418.00
195,657.00
152,420.00
Award Contract 4/9/86.
Contingent upon HUD funding.
Award Contract 5/7/86.
32
4. Received the following driveway applications:
R-6-86/711 Pinehurst Dr. /Empire Homes
R-7-86/2221-23 Versailles Village Place/Gerald Baker
R-8-86/2104-06 Versailles Village Place/Gerald Baker
R-9-86/2112-14 Versailles Village Place/Gerald Baker
R-IO-86/2227-29 Versailles Village Place/Gerald Baker
C-10-86/3900 blk. Wells St. /Travis Gloyd Const.
R-11-86/2318-20 Versailles Village Pi/Gerald Baker
R-12-86/1912 Shorecrest Dr. /Windsor, Inc.
R-13-86/1503 Channel Ct. /Windsor Builders
R-14-86/4911 Old Maysville Rd./Lebrato Brothers
R-17-86/1S22 Clearwater/Hamilton Hunter
R-16-86/1420 Louisdale Dr. /Scott Lombard Real Estate
R-18-86/1016 Easton Trail/L. D. Construction
R-19-86/3731 W. State St. /Owen Sordelet
Approved .
Received Invoice No. IC-20S1 from Clyde E. Williams
§ Associates, Inc. in the amount of $3,590.01 for
engineering services on General Motors Project
Contract 85-XP-4.
Approved and forwarded to City
Utilities Accounting and charge(
to Work Order 63761.
Received Invoice No. IC-1616 from Clyde E.
Williams 5 Associates for $10,191.54 for
redesign and reroute of portions of the
water mains to General Motors.
Approved and forwarded to City
Utilities Accounting and charged
to Work Order 63692.
Received Invoice #1 dated March 13, 1986, in the
amount of $9,233.20 from T-G Excavating, Inc. for
work performed on Res. 6036-86, Maumee River Bank
Restoration. (Emergency Improvement Resolution -
Miscellaneous Invitational Bid).
Approved and forwarded to City
Utilities Accounting and charged
per Purchase Order No. A-45998 fro-
Appropriation #5-13-523-W10-74-431,
Received February 1986 Invoice from EMA for
engineering services on the Computerization
Project at the WPC Plant in the amount of
$3,571.88.
Approved and forwarded to City
Utilities Accounting for payment.
9. Received Certificate of Claim for crop damages
on Water Contract 85-XP-4, GM Water Main Extension
in the amount of $120.00 to be paid to Melvin C.
and Mary Markley.
10. Received Supplemental Agreement for Right of Way
Project M-F 312 (1) Crescent Avenue Improvements
from Clyde E. Williams E, Associates, Inc., pro-
viding an increase from $14,811.00 previously
approved to $19,800.00. The increase amounts
to maximum increase of $4,989.00 of which the
City's 25°6 share will amount to $1,247.25.
11. Received State - Local Public Agency Agreement
from Indiana Department of Highways for City
for construction engineering for federal aid
projects - Pr(^ct No. M-MG-F568 [2) , Des. No.
14320, East State Blvd. in Fort Wayne, Ph. I
Road Reconstruction.
Approved and forwarded to City
Utilities Accounting and charged
to Work Order 63761.
Approved. Copy herein incorporated
Approved. Copy herein incorporate^
12. Received request for extension on hooking into
sewer system in Lincolndale Addition from
Michael and Judy Coleman, 2821 Lincolndale
Avenue, Lot 104, Ft. Wayne.
13. Discussion regarding Trane Company request for
possible purchase of site at southwest corner
of Main and Clay for a new building.
Approved and 6 months extension
granted.
Board referred to Economic Deve
for discussion.
14. Discussion regarding Hoagland/Masterson NSA'86
award - Res. 6039-1986.
Board taking under advisement.
15. Received Partial Payment #3 dated 2/4/86 from
D. N. Higgins, Inc. as follows for Water Con-
tract No. 8S-XP-2, Dalman-Smith Feeder GM
Water Main.
Approved and forwarded to City Utilitie
Accounting to be charged to Work Order
63759.
$32,143.19
1,320.52
to Higgins, Inc.
to Escrow - Lincoln Nat. Bank
34
Thursday, March 27,1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Hearing held 3:30 p.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk ACTION
1. PUBLIC HEARING - Res. 896-85 To be continued.
McKinnie Avenue - Senate Avenue Sanitary Sewer Improvement
Hearing continued from 3/13/86
2. PUBLIC HEARING - Res. 1033-86 To be continued.
McKinnie Avenue - Senate Avenue Water Main Improvement
Hearing adjourned at 4:35 p.m.
ATTEST
Helen V. Gochenour, clerk
1
35
Wednesday, April 2, 1986
Department of Public tVorks H Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D, J. Kiester, Member
C. R. Simon, Member
I. 0. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS:
Res. 6037-86 - Pontiac Place '86
Curbs f, Sidewalks
GAINES CONST.
HIPSKIND CONCRETE
MERCY CONST.
RIETH-RILEY CONST.
TOMCO CONST.
Eng. Est.
$70,642.50 Base
18,203.75 Alt. I
78,865.00 Base
18,456.30 Alt. I
78,401.75 Base
21,186.00 Alt. I
86,582.90 Base
21,892.65 Alt. I
77,771.70 Base
19,873.80 Alt. I
$68,288.80 Base
16,409.80 Alt. I
No award date has been scheduled.
Instructed Street Engineering to
tabulate 5 report.
RECEIVE BIDS
Res. 6038-86 - Hanna-Creighton '86
Curbs § Sidewalks
GAINES CONST.
HIPSKIND CONCRETE
MERGY CONST.
RIETH-RILEY CONST.
TOMCO CONST.
Eng. Est.
AWARD CONTRACT
48,164.50
50,170.70
53,815.50
58,686.05
57,599.30
46,447.60
Received tabulation and recommendation from Water
Engineering Department for Water Contract 85-W-5,
Maplecrest Road Cathodic Protection. They
recommended that the Contract be awarded to
Wallace § Tiernan, Penwalt Corp. in the amount
of $7,641.00.
AWARD CONTRACT
Received tabulation and recommendation from WPC
Engineering Department for Res. 418-85, Anderson
Avenue Storm Sewer. They recommended that the
Contract be awarded to All Star Corporation in
the amount of $127,739.00.
No award date has been scheduled.
Instructed Street Engineering to
tabulate and report.
Approved and forwarded to Common Council
April 8, 1986.
Advised WPC Engineering that Board awarded
Contract to All Star contingent upon
available financing.
36
5. AWARD CONTRACT
Received tabulation and recommendation from Water
Pollution Control Engineering Department for Res.
419-85, Prospect Avenue Storm Sewer. They recommended
that the Contract be awarded to All Star Corporation in
the amount of $152,763.50.
6. Received the following driveway permits:
P-9-86/1319 Magnavox Way/JSH Inc.
P-10-86-2827 Northgate Blvd./S§T Const.
C-11-86/2120 Wayne Trace/Hipskind-Asphalt Maintenance
C-12-86/5701 Coldwater Rd./Schrock Const . -Setser Exc.
P-11-86/2802 Congressional Pkwy./JSH Inc.
C-13-86/1011 Sherman St./Schenkel 5 Sons
R-20-86/S710 Breconshire/Hofmann Const.
R-21-86/341S-17 Olin/Cole Const.
R-27-86/7734 Bisque Ct./Exner Construction
R-28-86/7707 Bridgewater Dr./Exner Const.
R-29-86/91S 6 917 Putnam/Molargik Const.
R-133-85/2921 Overlook Dr. /AAA Trucking
7. Received partial payment #7 in the amount of
$70,317.00 from Bercot, Inc. for work performed
on Rehabilitation of Sewers, SSES Subsystems DS,
ES, GS, KS, Federal Grant 180775-02, Res. 395-83.
Further retainage monies in the amount of $7,813.00
to be deposited in Summit Bank.
8. Received City Utilities Invoices from Technical
Services as follows:
LOC 0005
St. Joe Road
LOOC 0017
644.00
Advised WPC Engineering that
Board awarded Contract to All
Star Excavating contingent upon
available financing.
Approved
Approved and forwarded to City
Utilities Accounting to be c
Work Order 79082.
Approved and paid from the Local
Road § Street Account indicated
out of Fund 138.
Bluffton Road
Bluffton Road
5,236.00
3,584.00
Total - 9,464.00
Received recommendation from WPC Engineering
Department to set advertising date for Ludwig
Circle Sanitary Sewer Resolution 899-1986.
10. Received petition for streetlight on existing
pole between 4118 6 4122 Warsaw and 2 lights in
back of alley between 4114 and 4228 Warsaw.
11. Received petition for the repair and replacement
of sidewalk at 2926 Shady Oak Drive.
petition for
12. Received Construction of a water main to serve
Garden Park Dr. from Clinton St. to end.
13. Received recommendation from WPC Engineering
Department that we accept Arlington XV Sewers
as part of the City's sanitary sewer system.
Advertise Notice to Property Owner-
April 11 , 1986 with date for Public
Hearing April 24, 1986. Ordered
WPC Engineering Department to
prepare ovmership list.
Approved and forwarded to Street
Lighting for their investigation.
Approved and B. 0. 62-86 issued.
Ordered Street Engineering to
investigate and report.
Approved and B. 0. 63-86 issued.
Ordered Water Engineering Dept. to
investigate and report.
Approved and acceptance letter
written to Kurtz Excavating.
37
14. Received recommendation from WPC Engineering
Department that we accept Arlington Section
XIV Sewers as part of the City's sanitary
sewer system.
Approved and acceptance letter
written to Kurtz Excavating.
15. Received Amended Sanitary Sewer Resolution 899-1986, Approved and adopted. Advertise date
Ludwig Circle Sanitary Sewer. Notice to Property Owners April 18, 1986,
with hearing date May 12, 1986.
Copy of resolution herein incorporated.
ATTEStV:
- — - - — . .j,.^.
Helen V. Gochenour, Clerk
Meeting adjourned at 10:15 a.m.
David J. Kiester, Member
Cayrence D. Consalvos, Member
Wednesday, April 9, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS:
Res. 6042-86 - Michigan Avenue '86
Curbs fj Sidewalks
Gaines Const.
$32,634.50 Base
28,104.00 Alt.
Hipskind Concrete 31,233.50 Base
27,341.00 Alt.
Mergy Const .
Rieth-Riley
Tomco Const.
Eng. Estimate
33,578.60 Base
29,139.10 Alt.
37,793.00 Base
33,121.50 Alt.
37,768.00 Base
34,308.50 Alt.
33,435.00 Base
29,100.00 Alt.
2. RECEIVE BIDS
Res. 6043-86 - Fairfield 1986
Curbs S Sidewalks
Gaines Const.
59,417.00
Hipskind Concrete 50,079.00
Mergy Const.
Rieth-Riley Const.
Tomco Const.
Eng. Estimate
58,254.50
66,334.00
60,544.00
59,980.00
RECEIVE BIDS:
Res. 6044-86
Wells Street Revitalization
Landmark Design Landscaping
28,200.00 Base
22,300.00 Alt. I
Eng. Estimate
28,670.56
Received pay request from Land Excavating, Inc.
for work performed on Spy Run (N.S.A.) Storm
Sewer Resolution in the amount of $4,613.35.
This is a reduction of retainage request.
5. Received pay request from Pitometer Associates
in the amount of $7,980.00 for work performed
on Pitometer Study - Phase II through March
31, 1986.
6. Received pay request from Pitometer Associates
in the amount of $8,977.50 for work performed
through March 31, 1986 on Pitometer Master Plan
Study.
7. Received Sewer Construction Permit, Lincoln
Village, Section 1 from North Eastern Const.
Co., Inc.
Award Contract 4/16/86.
Award Contract 4/16/86.
Award Contract 4/14/86. Prior Approval
requested on 4/15/86.
Approved and forwarded to CD6P
Accounting to be charged against
P. 0. 46523 and covers Spy ^
Federal Project App. No. 195-008-
4431 Block Grant Ilth Year.
Approved and forwarded to City
Utilities Accounting to be charg
to Work Order 63678.
Approved and forwarded to "-'^^
Utilities Accounting to be ctia fc-
to ^tork Order 63678.
Approved and Board Order *65-86
issued.
39
Received Sewer Construction Permit for Saxton
Run Bojrab Property Sanitary Sewer Extension
from Imen Bojrab.
Received Resolution from Fort Wayne City Plan
Commission regarding vacation of utility
easements in Wiebke's Homestead Addition.
(Ft. Wayne Bible College)
Received Agreement for Contribution to Cost of
Road Construction that had been executed by
Security Leasing Inc. This is for the im-
provement of Vance Avenue from Coliseum Blvd.
to a point east of Sherborne Avenue.
Received for Board's execution Resolution
on Water/Sewer Rates recommending to the
Common Council that new fees be established
and after public hearing, adopt General
Ordinance repealing Chapter 24 of the
Municipal Code of the City of Fort Wayne
and adopting the Revised Chapter 24.
Received request from Timothy S. Harris
for extension of time to connect to the
public sewer - 30 day extension.
Received Gardening Permit from Howard C.
Leclaire and Illeane Leclaire, 1015 N.
Anthony Boulevard, for property imme-
diately west of lot 31, Anthony Blvd. Place
Addition, 1000 block Garfield Street.
Approved and Board Order 66-86 issued.
Copy herein incorporated.
Approved and Resolution 76-39-9
adopted .
Approved. Copy herein incorporated.
Approved. Copy herein incorporated.
Approved.
Approved.
14. Received petition for repair and replacement
of curbs at 1213 Huffman Blvd. from John M.
Sanford.
15. Received for Board Approval Resolution 421-86,
Oswego Sanitary Sewer Line Repair.
16. AWARD CONTRACT
Res. 417-85 - Woodhurst - Belmont Storm Sewer
Received tabulation and recommendation from
Water Pollution Control Engineering Department
to award the above to All Star Construction
in the amount of $128,815.00
Approved. B. 0.67-86 issued
and ordered Street Engineering to
investigate and report.
Approved and adopted. Ordered WPC
to prepare plans and specs and
to advise advertising dates.
Approved. Awarded to All Star Construction
in the amount of $128,815.00. Contract
sent to Common Council on April 22, 1986.
17. AWARD CONTRACT
Res. 6037-86 - Pontiac Place '86
Received tabulation and recommendation from
Street Engineering Department to award the
above to Gaines Construction Co., Inc.
Approved. Awarded to Gaines Construction
in the amount of $69,950.00. Contract
sent to Common Council on April 22, 1986.
AWARD CONTRACT
Res. 6038-86 Hanna-Creighton '86
Received tabulation and recommendation from
Street Engineering Department to award the
above to Gaines Construction Co., Inc.
Approved. Awarded to Gaines Construction
in the amount of $48,313.50. Contract
sent to Common Council on April 22, 1986.
40
19. Received the following driveway permits.
Approved .
P-4-86/706 E. Pontiac Street/Vernice May/DBA Asphalt
(Revision 2) S Drive Repair
P-4-86/706 E. Pontiac Street/Vernice May/DBA Asphalt
(Revised) § Drive Repair
P-7-86/409-421 E. Cook Rd. /Brooks Const.
P-14-86/Willow Creek Crossing Phase V, VI
7 lots on East Lawn Dr. /Brooks Const.
C-15-86/628 E. Lewis/A 5 E Const.
C-16-86/Willow Creek Crossing Phase V, VI
7 approaches on East Lawn Dr.
P-17-86/5200 Bluffton Rd. /Brooks Const.
P-18-86/3200 Leroy Ave. /Brooks Const.
P-18-86/5200 Bluffton Rd. /Brooks Const.
R-24-86/6235 Neighbor Dr . /Delagrange Hones
R-22-86/6223 Neighbor Dr. /Delagrange Homes
R-23-86/6229 Neighbor Dr . /Delagrange Homes
R-2S-86/6220 Neighbor Dr. /Delagrange Homes
R-26-86/6226 Neighbor Dr. /Delagrange Homes
R-30-86/3240 Sandpoint Rd./Jim McCormic
R-33-86/1517 Clearwater/Windsor Inc.
R-46-86/909 Easton Trail/Bridgeport, Inc.
R-47-86/7729 Weymouth Cr. /Bridgeport , Inc.
R-48-86/5322 Inland Trail/Bridgeport, Inc.
20. Discussion on request by Community Action of
Northeast Indiana, Inc. (CANI) for monetary
assistance in repair of collapsed drive ramp
and sidewalk section.
Board did not approve any monetary
assistance .
21. Discussion regarding portable pumps with
Duane Embury, WPC Engineering ' and John
Moran, WPC Maintenance. They recommended
to purchase 3 (three) 2" pumps with hose,
3 (three) 3" pumps with hose and 4 (four)
pumps with hose and an estimated cost of
$46,000. Low bidder was Tri River Tractor.
Approved and awarded to Tri River Tractor,
22. Hearing continued from March 27, 1986 on
Res. 896-85 McKinnie Avenue - Senate Avenue
Sanitary Sewer Improvement. Time up to
receive remonstrances Monday April 7, 1986.
No remonstrances received.
Confirmed. Ordered WPC to prepare plans
plans and specifications.
23. Hearing continued from March 27, 1986 on Confirmed. Ordered Water Engineering to
Res. 1033-86, McKinnie Avenue - Senate Avenue prepare plans and specifications.
Water Main. Time up to receive remonstrances
Monday April 7, 1986. No remonstrances re-
ceived.
41
Monday, April 14, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
p J. Kiester, Member
f' R. Simon, Member j .
i' n Consalvos, Member i
[ill •
Helen V. Gochenour, Clerk
1. AWARD CONTRACT |j
Approved and awarded to Landmark Design Landscaping Co.
in the amount of $28,330.00. Prior Approval requested
Tuesday, April 15, 1986.
Received tabulation and recommendation from
Tom Cain, Senior Urban Designer, CD SP, for
Res. 6044-86, Wells Street Revitalization 111,
Tree Project, that we award to only bidder
Landmark Design Landscaping, Co.
42
Wednesday, April 16, 1986
Department of Public Works f, Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Res. 420-86 - Miami Village Apartments
Storm Sewer Separation
BERCOT, INC. $246,720.75 Ph. II
30,900.00 Ph. I
DEHNER, INC. 16.3,540.91 Ph. II
9,876.60 Ph. I
Award April 25, 1986
LAND EXC.
154,200.00 Ph. II
T-G EXC.
Engineer'
165,253.70 Ph. II
10,680.00 Ph. I
Est. Phase II
Phase I
$178,380.00
9,700.00
2. Received the following driveway permits:
I'll'ltiull ^ r!-"'°" St. /Mike's Asphalt/Classic Stereo
P-15-86/11J3 S. Clinton St ./Construction Design
P-I6-86/3511 Engle Rd . /Felderman Construction
n in"S St. /Construction Design
P-19-86/391S Mobile Ave. /Felderman Const.
C-19-86/3512 Cavalier Dr. /Felderman Const
C-21-86/112 E. Wallace St ./Schenkel-Witner
R-31-86/4S3 Dalgren Ave./Toscos Concrete Const Co
R-34-86/4740 Winter St. /Howard Miller f, Associates'
pi^»^'^!ot5 St. /Howard Miller § Associates
K-i6-86/6832 River Haze Rd. /Northman Homes
R-50-86/7516 Bridgewater Dr./L. D. Const.
R-51-86/270I Autumn Leaf Ln. /Scott Lombard
R-57-86/7821 Tendall Ct . Wayne Johnson Const
R-134-85/2422 Wood Valley Dr./ Hill Exc
P-13-86/1313 Production Rd./S. E. Johnson
C-25-86/714 W. Coliseum/Hill Excavating
p"22lfi^7M\'''^r'^V'''°" J°hnson/Dailey Asphalt
P-22-86/714 W. Coliseum Blvd. /Hill Excavating
3. Received pay request from Hipskind Concrete Corporation
isA''"R:r6035-86'''''-" P^^'"™^" °"
4. Received final invoice in the amount of $6,876.50 from
Hipskind Concrete for work completed on Res. 6031-85
Fairfield NSA, Phase I.
5. Received invoice from Emery Worldwide for Contract
85-W-5 - Maplecrest Tank Cathodic Protection, in the
amount of $11.00.
Approved .
Approved and paid from CD 6 P Acctg.
Approved and forwarded to CD6P A"tS
and charged to Appropriation 1-55-*'
FFC-14-431 per P. 0. A-41095.
Approved and forwarded to City U"'"'
to be charged to W. 0. 63872.
Received partial payment #2 in the amount' of $45 357 27
ln?J c'^'"''''""^'"^' ""^k performed Res'.
402-84, St. Joe Pump Station Elimination. Further
retainage monies in the amount of $1 728 48 to
be^deposited in escrow account at Anthony Wayne
Approved and forwarded to City
Accounting and charged to W.
72786.
43
■J Received sanitary and storm sewer construction permits
for Willow Creek Crossing, Phase V and VI from Sentry
Management Services, Inc.
J Received sewer construction permit for Old Maysville
Road (Caribe Colony) Sanitary Sewer from Mark §
Julie Braun.
9^ Received Encroachment Report from Jane D. Adams,
1333 Maple Avenue.
jD. Received Garden Permit application from Walter and
Helen B. Foster, 1011 N. Anthony Blvd. for Lot 34,
Anthony Blvd. Place Addition and extending 10' of
the dike.
Approved and Board Order 69-86
and 70-86 issued.
Approved and Board Order 71-86
issued.
Approved .
Approved .
11, Received Garden Permit Application from Joseph
Haifley, 4433 S. Lafayette Street, for plot of
ground directly behind 1001 N. Anthony Blvd.
which consists of 49.17' width running to
riverbank. All in Anthony Blvd. Place Addn,
said ground crosses unopen Garfield Street.
12. Received petition for sanitary sewers on Sheridan
Road from Steven Feipel and Sandra Feipel.
15. Received the following petitions for street
lighting.
Decatur Rd. from Lafayette Street to Paulding Rd.
Shady Court .
Approved .
Approved and B. 0. 72-86 issued.
Ordered WPC Engineering to in-
vestigate and report.
Ordered Street Lighting to investigate
and report .
L. 0. 5339 Issued
L. 0. 5338 Issued
14. Received the following petitions for curbs S walks.
Webster Street/Oakdale Drive
300 bl. French Ave.
Ordered Street Engineering to investigate
and report.
B. 0. 74-86 issued. \
B. 0. 75-86 issued. ^
15. Received petition for resurfacing of streets
on Penmoken.
111. Received requests from Quarter Century Club to
incur necessary expenses for Quarter Century Club
Annual Dinner Meeting - May 9, 1986.
will be approximately $1,000.00.
The cost
B. 0. 73-86 issued.
Ordered Street Engineering to investigate
and report.
Approved and to be charged to City Utilities
Account A924, "Special Events and Employee
Relations" .
44
Wednesday, April 23, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. AWARD CONTRACT
Received tabulation and recommendation from WPC
Engineering Department regarding Miami Village
Storm Sewer Separation - Phases I and 11
Res. 420-1986
2. Received claim from Indiana Construction Corp.
representing final payment on Contract 84-W-2,
Northwest Pump Station, in the amount of $25,911.92.
3. Received Invoice #351 dated April 2, 1986, in the
amount of $484.00 from Tank Industry Consultants, Inc.
for inspection services on GM Elevated Tank - lliv. W-3,
Contract 85-W-3. Also received executed letters of
release of escrow, certificate of substantial completion
. Change Order No. 2 (Final) and completion Affidavit.
Check to be made payable from Fort Wayne National
Bank to City in amount of $435.18.
Phase II awarded to Land Excavat,,
Inc. m the amount of $154,200 do"
Sent contract to Common Council'/
5/13/86. Prior Approval requestej"
Phase I to be placed "on hold"
John Dehner, Inc. was low bidder
with a bid of 9,826.60.
Approved and ordered payment fron
City Utilities Accounting to be
charged to W. 0. 63631.
Approved and ordered payment froti
City Utilities Accounting to be
charged to W. 0. 63755.
Sent release of funds, both princip:
and interest, from Escrow Acct. So
4069000, to Fort Wayne National
Bank. Acceptance letter sent to
Indiana Construction Corporation.
6.
Received invoice from Bonar § Associates for
River Confluence Project in the amount of $5,479.45.
Received Sewer Reimbursement for Trier Road Medical
Center, 6130 Trier Road, entered into between the
City and Northeast Redi-Med Building Partnership.
Received Sewer Construction Permit for Concord
Hills II - Phase II, from Northeastern Const.
Co., Inc.
Approved and forwarded to City
Utilities Accounting to be charged
to Work Order 54903.
Approved. Forwarded copy to Ne»
Water/Sewer Permits.
Approved and Board Order 77-86
issued .
7. Received Resolution for adoption of the Board of
Public Works and Safety, rescinding the previous
Notice of Main Extension and assessments on Cen-
tennial Industrial Park Sec. Ill, Contract 83-XP-S.
8. Received the following driveway permits.
C-20-86/4902 Lima Rd. /Miller § Associates
C-26-86/1219 S. Lafayette St. /Hawk Const.
R-59-86/701 Glazier/H. Gingerich Builders
R-60-86/1729 Frenchmans Crossing
9. Received Wayne Trace/Gretna Avenue Sanitary Sewer
Extension in response to inquiry from Property
Owner at 3711 Gretna Avenue, Willa Campbell.
10. Received petition for sidewalk and repair of alley
entrances - 1000 block of Schick Street.
Approved and forwarded to County
Recorder's Office to be recorded.
Copy herein incorporated.
Approved.
Not Approved .
Approved and Board Order issued.
(76-86) Ordered Street Engineer*
11. Received Notice to Contractors for the following.
Water Improvement Res. #1033-86
McKinnie-Senate Avenue Water Main
Res. 896-85 - McKinnie - Senate Avenue San. Sewer
Water Contract 86-XP-l - Hoagland Ave. Water Main
Water Contract 86-XP-2 - W. Jefferson Water Main
12. Received Change Order No. 2 prepared by Bonar S
Associates for The Robert Henry Corporation re-
flecting all of the changes of this pump station
project from the additional piping work and me-
chanical changes. This increase is in the amount
of $81,246.39 changing original contract amount
to $555,400.00. This is for Contract 85-W-2.
13. Received Change Order #1 and FINAL which is a
decrease change order in the amount of $5,066.00
for Res. 416-85, Paulding Road - Decatur Road
Point Repairs.
14. Received Change Order 2 from Indiana Construction
Company for Contract 84-W-2, Div. II which is a
decrease of $435.18.
Advertisement Notice to Contractors
published 4/25 § 5/2/86 with date
to receive bids 5/14/86.
Same as above.
Same as above .
Same as above.
Approved and forwarded to Common
Council on May 13, 1986.
Approved and forwarded to Common
Council on May 13, 1986.
Approved and forwarded to Common
Council on May 13, 1986.
IS. Received miscellaneous bids for Broadway Tree
Replacement (invitational).
Maxwell Tree Service $6760.00
Bruce Ewing Landscaping 7441.05
Landmark Design
Bartlett Tree
6316.00
5814.00
Awarded to Bartlett Company in
the amount of $5814.00.
Meeting adjourned at 9:45 a.m.
ATTEST: Helen V. Gochenour, Clerk
Wednesday, April 30, 1986
Board of Public IVorks § Safety-
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
3.
AWARD CONTRACT
Received tabulation and recommendation from
Street Engineering to award Res. 6039-86,
Hoagland/Masterson NPI '86 to M. A. Gaines
Construction Co., Inc. in the amount of
$61,593.00.
Received Partial Payment Invoice No. 3 received
from T-G Excavating, Inc. for work performed on
Ardmore Avenue Water Main Contract 85-XP-9 in
the amount of $25,603.19.
Received partial payment #11 in the amount of
$2,802.77 from Fleming Excavating, Inc. for
work performed on Summit Park.
Awarded to M. A. Gaines in the amount
of $61,593.00. Contract sent to Coiiio„
Council on May 13, 1986.
Approved and forwarded to City Utilities
Accounting to be charged to Work Order
63869.
Approved and forwarded to City Utilitiei
Accounting to be charged to Work Order
72861 - EDA #06-01-02027.
Received Street Engineering Invoices for CD § P
projects from 1/2/86 to 3/29/86. These totaled
$8,633.91 - Invoices 1 thru 9.
Approved and forwarded to CD 5 P for
payment .
5. Received pay invoice 3697 for professional
services pursuant to Bonar 8 Associates, Inc.
dated April 25, 1984, in the amount of $728.55
for work performed on Bluffton Rd. Project
M-F 080 (1).
6. Received invoice from Tomco Constructions Co.,
Inc. in the amount of $1,114.00 for Flood
Damage Repair at 320-326 W. Superior Street.
7. Received recommendation from Water Engineering
that we accept Seneca Hills, Sec. VI, Phase I,
as part of the City's Water System, Contract
8518.
8. Received recommendation from Water Engineering
that we accept Baer Field Office Park, Contract
8519, as part of the City's Water System.
9. Received recommendation from Water Engineering
that we accept Schomburg Dells Water Main Ex-
tension, Water Contract 8521, as part of the
City's Water System.
10. Received Sewer Construction Permit from ITT
Aerospace/Optical Division for ITT Engineering
fj Administration Center Sanitary Sewer Extension
(Southwest corner Lima (, Cook) .
Approved and forwarded to
Accounting for payment.
Approved and paid from Civil City Funds.
Approved and acceptance letter written
to Lombard Real Estate f, Development, Ir
Approved and acceptance letter written
to Earth Construction Company.
Approved and acceptance letter written
to Allen County Realty, Inc.
Approved and Board Order 85
-86 issued.
Received Special Street Permit for Centennial Approved.
Industrial Park, Sec. 5 (Corrinado Court.
1? Received Special Street Permit for Centennial Approved.
Industrial Park, Sec. 5 (Camino Park).
13 Received the following driveway permits. Approved.
P-20-86/2001 S. Calhoun St . /Felderman Const.
P-24-86/1911 Getz Rd. /Terry Foster
R-58-86/2101 Kenwood/Mergy Const.
R-62-86/3929 Plaza/Hipskind Concrete
R-64-86/2419 Bellflower/Scott Lombard
R-63/86/1311 Normandale/Scott Lombard
14. Received final action approving Declaratory Res. Approved and copy herein incorporated.
#1443-1985, Declaratory Resolution for the Sent to Recorders Office to be recorded
condemnation of a right of-way for the acquisition
of Burma Road.
15. Allen County Regional Sewer District Board
requested a financial committment from the
City to construct sanitary sewers in the
Hacienda, Lockville, Lexington Heights and
Carlisle Place.
Board advised the Allen County Regional
Sewer District Board that the City will
take the request under advisement and
discuss with it's staff alternative way
to assist in financing the projects.
16. Received request from Kathy Moses from
Economic Development on behalf of Shambaugh
and Son, Inc. for financial assistance : by
the City for installation of "off-site"
utilities on Cook Road Development for
future offices of Shambaugh § Son.
17. Received Resolutions of the Board of Public
Works 5 Safety of Fort Wayne approving the
St. Joseph Hospital of Fort Wayne, Inc.'s
"Petition to Contract and Maintain a Heliport
and Safety Net Over a Sidewalk:.
18. Received Agreement between Indiana Department
of Highways and the City for Project No.
MAM-M-F368 (2), DES. No. 14320, East State
Street .
19. Received Agreement between Indiana Department
of Highways and the City for Project RRP-FS92,
Des. 22670, Lindenwood Road at N S W in Fort
Wayne .
20. Received Water Contract 8604 - Willow Creek
Crossing, Phase V § VI from Willow Creek Ltd.
Board approved 40°6 assistance.
Approved and copy herein incorporated.
Approved and copy herein incorporated.
Approved and copy herein incorporated.
Approved. B. 0. 64-86 - W. 0. 63908.
Thursday, May 1, 1986
Department of Public Works 6 Safety
Office of the Board
Room 910, City-County Building
Hearing held at 3:30 p.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
Continued to May 15, 1986.
Remonstrances due by May 12, 1986 - S:oo
1. Hearing - Notice to Property Owners
Res. 899-86 - Ludwig Circle Sanitary
Sewer (Amended)
4 9
Wednesday, May 7, 1986
Department of Public Works S Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
p. J. Kiester, Member
C, R. Simon, Member
I, D. Consalvos, Member
Helen V. Gochenour, Clerk
1, Received pay request from Three Rivers Barricade 5
Equipment Company for St. Joe Blvd. Dike Repair
in the amount of $40.00.
Approved and paid from Civil City.
Received Invoice #2 dated May 1, 1986, in the amount Approved and forwarded to City Utilities
of $8,298.00 from T-G Excavating Inc. for work to be paid from Appropriation
performed on Res. 6036-86, Maumee River Bank Restoration. S-13-S23-W-10-74-431 per P. 0. A-45998.
3. Received partial payment #8 in the amount of $42,417,30
from Bercot, Inc., for work performed on Rehabilitation
of Sewers, SSES Subsystems DS, ES, GS, KS, Federal Grant
C-180775-02, Res. 395-83. Retainage monies to be
deposited in Escrow Account, Summit Bank, in the amount
of $4,724.15.
4. Received pay request from Land Excavating, Inc., for
work performed on Spy Run (N.S.A. Storm Sewer Res.
414-85, in the amount of $6,639.78.
5. Received Contract for Lincoln Village Sec-tion 1,
Contract 8606, B. 0. 78-86, for board's execution,
from Water Engineering, North Eastern Const. Co.
6. Received Contract for Lincoln Village Section II,
Contract 8607, B. 0. 78-86, for board's execution
forwarded by Water Engineering, North Eastern Const.
Co.
7. Received Contract for Wheatridge, Section II - Water
Contract 8609, B. 0. 82-86, forwarded from Water
Engineering Department, North Eastern Const. Co.
8. Received Agreement Between the City of Fort Wayne
and the Residents of the Hessen Cassel Area regarding
Capital Services and Non-Capital Services.
9. Received request by Shambaugh § Son Inc. for
deferrment on sanitary sewer assessment for
60 acres until developed at Cook Road development.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 79082.
Approved and forwarded to CD§P Acctg.
for payment. Federal Project App.
195-008-SR-01-4431 Block Grant 11th yr.
Approved .
Approved .
Approved .
Approved and copy herein incorporated.
Deferrment on assessment approved.
10. Received the following driveway applications
R-53-86/2814 Autumn Leaf/W. L. Anderson
R-52-86/2814 Overlook Dr./W. L. Anderson
R-54-86/S025 Huser/W. L. Anderson
R-55-86/4205 Clear/W. L. Anderson
R-S6-86/4209 Clear/W. L. Anderson
R-72-86/3337 Collegiate/Bob Houser
R-73-86/4927 Southwood Ave. /Robert Houser
Approved.
p-g. 86/520 Spring Street/Brooks Const.
P-23-86/1219 S. Lafayette Street/Hawk Const.
P-25-86/4302 E. State/Zunbrun Const. Co.
P-27-86/5601 Industrial Rd. /Wayne Asphalt
P-28-86/5701 Coldwater Rd. /Brooks Const.
C-29-86/1120 Barr St. /Robert Houser
C-30-86/2801 Covington Rd. /Kelly Box S Packaging
C-31-86/230 E. Collins/Wayne Asphalt
Meetipg ad jour:
ATTEST
LawJence D. Consalvos, Member
p; 0
Wednesday, May 14, 1986
Department of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS:
Res. 1033-86 - McKinnie-Senate Water Main
Beico\^:^n\^?^™^-^ ^^h^--
Dehner, Inc ii'.
Hipskind concrete slielol^O
T::co^^:r:-^
Eng. Est 49,434,00
^ • 58,270.00
2. RECEIVE BIDS
Res. 896-85 - McKinnie-Senate San. Sewer
Berco "in'c"^"^"^ H'tT,-''
TG. Excavating
^ ■ 37,761.50
3. RECEIVE BIDS
Airsta';'F"' " Blvd. Water Main
Rei.nt T ''^^""^ 31,293.40
Bercot, Inc. 47 lin nn
Und'p' 8.' 8
Land Excavating
^' 30,085.00
RECEIVE BIDS
Res. 86-XP-l - Hoagland Water Main
Au ^ Prestressed Pipe
AH Star Excavating
Bercot, Inc.
Dehner, Inc.
Land Excavating
Eng. Est.
4.
Class SO Ductile Pipe
182,128.00
317.184.00
158,163.33
146,684.00
127,302.00
5.
313.584.00
158,163.33
138,044.00
122,427.00
Asso'cLles^Tn Th'''''
Associates in the amount of $13,680 00 for
Sti'"''"™'' °" Pitometer Master Plan
As"ci:tes"rn'th "^^^ '^il^-- 5
Associates in the amount of $1,069.50 for Crescent
Ave. Improvements - M-F312 (1). ^lescent
7. Received request from WPC Eng. for emergenrv P n
Ihis was for work performed on Res 416-8S P^ nA
Decatur Rd. Point Repairs ' ^^""^"g-
Award Contract 5/21/86.
Award Contract 5/21/86.
Award Contract 5/21/86.
Award Contract 5/21/86.
Approved and forwarded to City Utilitii
Acctg. and charged to W. 0. 63678.
Approved and paid from Civil City
Acct. 138-972-0006-4431.
Approved and WPC Eng. to prepare
Change Order.
Approved and forwarded to City Utilii
Accounting and charged to K. 0. "-M*
Approved and forwarded to City UtJ|j!:^
Accounting to be charged to \t 0-
51
10. Received Invoice #4 from Gaines Construction Co.,
Inc. in the amount of $763.12 for work completed
on Historical Museum Entrances, Res. 6013-85.
11. Received invoice #3682 dated April 17, 1986 in
the amount of $2,040 from Bonar 5 Associates, Inc.
for work performed on Contracts 85-W-l and 85-W-2.
12. Received invoice #00367 dated 4/15/86 in the amount
of $310.00 from Tank Industry Consultants, Inc. for
inspection services at the Redwood-Chestnut Tnak,
Contract 85-W-4.
Approved and paid from LR§S funds.
Approved and forwarded to City Utilities
Accounting and charged to W. 0. 63757 S
W. 0. 63758. ($1,020.00 to ea. W. 0.)
Approved and forwarded to City Utilities
Accounting and charged to W. 0.
63782.
Received partial payment #8 from Hydrostorage, Inc.
for work performed on CM Elevated Water Tank, 85-W-3,
$1,786.00 to Hydrostorage, Inc. and $94.00 to Escrow -
Ft. Wayne Natl. Bank.
Received invoice #00368 in the amount of $244.00 from
Tank Industry Consultants, Inc. for inspection services
performed at CM Elevated Storage Tank, Contract 8S-W-3.
Received Sewer Extension for Ridgeview Heights "Block
A" San. Sewer Extension (Fricha & Seiller Avenue).
This agreement is between City and Stanley A. Bradmueller
6 Pamela Bradtmueller .
Approved and forwarded to City Utilities
Accounting and charged to W. 0. 63755.
Approved and forwarded to City Utilities
Accounting and charged to W. 0. 63755.
Approved.
16. Received Sanitary Sewer Extension Permit for Lincoln
Village Sec. II from Geiger Developing, Contractor,
North Eastern Const. Co., Inc., Developer.
17. Received Sanitary Sewer Construction Permit for
Tanbark III San. Extension from Village Two, Inc.,
Scheidleman Excavating, Inc., Contractor.
18. Received Sanitary Sewer Construction Permit for
Ridgeview Heights (Block A) (Fritcha Avenue and
Seiller Rd.) from Stanley A. 5 Pamela Bradtmueller,
OK Drainage, Inc., Contractor.
Approved and B. 0. 90-86 issued.
Approved and B. 0. 91-86 issued.
Approved and B. 0. 92-86 issued.
19. Received Hold Harmless Agreement between Hilton
and Fine Arts Foundation whereas it was necessary
to hold a "block party" as a thank you for previous
fundraising activities.
20. Received pay request from Robert L. Thompson for
services in connection with the acquisition of
easements and right-of-way for Sewer Res. 407-85
and 408-85 and Water Contracts 8S-XP-2 through 6,
in the amount of $21,194.21.
21. Received the following driveway applications.
Approved .
Approved and forwarded to City Utilities
Accounting to be charged to Res. 407-85
and Res. 408-85 and Water Contracts
85-XP-2 through 6.
Approved .
R-65-86/6328 Kiwanis Dr./Chesapeak Homes
R-66-86/6304 Kiwanis Dr./Chesapeak Homes
R-67-86/6311 Kiwanis Dr./Chesapeak Homes
R-68-86/6223 Kiwanis Dr./Chesapeak Homes
R-69-86/6229 Kiwanis Dr./Chesapeak Homes
R-70-86/6310 Kiwanis Dr./Chesapeak Homes
R-71-86/1902 Lynn Ave. /John Surbeck, Jr.
R-74-86/2502 Hazelwood/J5J Services Unlimited
R-75-86/5806 Countess Dr./Melinda Strong
R-76-85/5205 Northcrest Dr. /John Mazza Const.
P-6-86/1000 Sherman Blvd. /Brooks Const.
P-31-86/512 Van Buren/Graber § Graber Contr.
C-28-86/2535 Wayne Trace/MA Gaines
C-32-86/6019 Illinois Rd./Hipskind Concrete
C-33-86/Engleton Dr. 5 Engle Rd. /Earth Const.
C-34-86/3000 E. Washington/CME
C-35-86/1616 Profit/Brooks Const.
C-36-86/900 Webster St. /Allen County Library
ATTEST
Helen V. Gochenour, Clerk
Da;<fid /J . Kiesl/yr^ Member
M
C^Sfilite R . fiimon ,\Meinber
Lawrfence D. Consalvos, Member
Thursday, May 15, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Hearing held at 3:30 p.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. Hearing on Ludwig Park Circle Sanitary
Sewer - Res. 899-86.
Confirmed.
Ordered WPC Engineering to
with project.
ATTEST^^
"ALL
Hearing/ adjourned at 3:4(^T).ni.
Dajwd J. Kiestei// Member
VCosett^-R. Simdn, Member
Lawji-ence D. Consalvos, Member
Helen V. Gochenour, Clerk
i
53
Wednesday, May 21, 1986
of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
p, J. Kiester, Member
r R. Simon, Member
I, 0- Consalvos, Member
Helen V. Gochenour, Clerk
1, AWARD CONTRACT
Received tabulation and recommendation from WPC
Engineering for Res. 896-85, McKinnie Avenue -
Senate Avenue Sanitary Sewer.
2, AWARD CONTRACT
Received tabulation and recommendation from Water
Engineering for Water Contract 86-XP-l, Hoagland
Avenue Feeder Main.
Awarded to All Star Construction in
the amount of $38,464.85. Sent to
Common Council on May 27, 1986.
Awarded to land Excavating, Inc.,
in the amount of $146,684.00. Sent to
Common Council on May 27, 1986.
AWARD CONTRACT
Received tabulation and recommendation from Water
Engineering for Water Contract 86-XP-2, W. Jefferson
Water Main.
4. AWARD CONTRACT
Received tabulation and recommendation from Water
Engineering for Water Contract #1033-86, McKinnie-
Senate Water Main.
5. Received partial payment #1 (FINAL) in the amount
of $21,073.75 and retainage payment in the amount
of $2,341.52 from Land, Inc. as recommended by
WPC Eng. (Total $23,415.27) for work performed
on Res. 897-85, St. Joe. - St. Joe Center Road.
Awarded to All Star Excavating in
the amount of $31,293.40. Sent to
Common Council on May 27, 1986.
Awarded to Tomco Construction Company
in the amount of $49,434.00. Sent to
Common Council on May 27, 1986.
Approved and forwarded to City
Controller's Office to be paid
from Barrett Law Revolving Fund.
Received Invoice #395 in the amount of $3,015.50
from Tank Industry Consultants, Inc. for inspection
services on GM Elevated Tank - Div. W-3, Contract
85-W-3.
Approved and forwarded to City
Utilities Accounting to be charged
to Work Order 63755.
7. Received request from Street Engineering to issue
purchase order for $5,432.00 to Tomco Construction
for miscellaneous bid for Proposed Paraplegic
Ramps Adjacent Freiman Square and City County Bldg.
8. Received request from City Plan Commission to
hold a public hearing upon the vacation of dedicated
alley - East West alley running between Glasgow
Avenue S Grant Avenue. Petitioners Franke Plating
Works, Inc., Falstaff Brewing Corporation, Aalco
Distribution Co., Inc. and P. G. Elliott.
5. Received invoice in the amount of $997.22 from
Hall Drive Ins, Inc. for Quarter Century Club.
Received invoice from Bonar 5 Associates in the
amount of $4,464.93 for professional services
pursuant to Contract dated 4/25/84 for
time spent on Confluence Dredging Project,
Bluffton Rd 5 E. State .
Confluence Dredging $814.48 (W.O. 54903)
Bluffton Road 1,548.80 (Civil City)
E. State Blvd. 2,101.93 (Civil City)
Approved and P. 0. issued from
Civil City.
Approved and Res. 76-53-8 adopted.
Approved and forwarded to City Utilities
Accounting to be charged City Utilities
Account A-924, Special Events and
Employee Relations.
Approved and payment for Confluence
charged to Waterworks Park, City
Utilities and Bluffton Rd. § E. State
paid from Civil City.
11. Received pay invoices for Technical Services labor on
street construction at the Cook Road Industrial Park
(Summit Park Project) Invoice 603 T 365 - $1,148.00.
12. Received "Amended" Res. 895-1985 for Illinois Road
Sanitary Sewer Extension for Board's adoption.
13. Received Res. #6045-86 - First Package Asphalt Re-
surfacing Program 1986 for Board's adoption.
14. Received Res. #4046-86 - Second Package Asphalt Re-
surfacing Program 1986 for Board's adoption.
15. Received Res. #4047-86 - Third Package Asphalt Re-
surfacing Program 1986 for Board's adoption.
16. Received Hold Harmless Agreement entered into by
Mountain Foods, Inc. d/b/a/ Blue Mountain Coffee
Company ("Blue Mountain") and the City of Fort
Wayne, Indiana for the periodof May I, 1986 through
October 31, 1986.
17. Received Sewer Construction Permit for Lincoln
Village Section III from North Eastern Const. Co.,
Inc., Geiger Developing, Contractor.
18. Received Change Order 11-2 for GM Res. 408-85,
Phase II, increase of $16,620. New Contract
price $614,483.80, Bercot , Inc. Contractor.
19. Received Change Order #3 for GM 85-W-3,
for increase of $5,000.00 from Hydrostorage .
New Contract amount $943,099.43
20. Received Contract for Concord Hills, Sec. II
Water Contract 8610 from North Eastern Const.
Co., Inc.
21. Received Contract for Tanbark Trails, Sec. Ill,
Water Contract #8611 from Village Two, Inc.
22. Received Contract for Lincoln Village, Sec. Ill,
Water Contract 8608 from North Eastern Const.
Inc .
23. Received extension for hookup to City Sewer
at 5802 Winchester Road for Stephan Gayday.
24. Received easement encroachment Agreement for
Lot #69, Riverbend Woods Section II between
City and NIPSCO, GTE, and Joseph S. Sommer
§ Laurette S. Sommer.
25. Receive Use Agreement between Board and Lincoln
National Corporation for duct space use by Lincoln
to install fiber optic cable.
26. Received sewer construction permit for 4200
Parkerdale Drive Sanitary Drive. Also Agreement
between City and George Bellio d/b/a/ Target, Inc.
regarding area connection fees of $700.00 per acre
by virtue of recorded document for Res. 74-22-04.
$5,000.00 bond to be retained in lieu of a performance
bond.
Approved and ordered
from City Utilities Accn
from W. 0. 72861.
Approved and adopted.
Advertised Notice to p
Owners May 23, 1986 ^uh\L
Public hearing to be helrt
June 5, 1986.
Approved and adopted.
Advertised Notice to'conto
5/23 § 5/30/86 with date to'
receive bids 6/11/86.
Approved and adopted.
Advertised Notice to Contran
5/23 6 5/30/86 with date to
receive bids 6/11/86.
Approved and adopted.
Advertised Notice to Contra^
5/23 S 5/30/86 with date to
receive bids 6/11/86.
Approved.
Approved and B. 0. 95-86 ass;r
Approved and sent to Common
Council on May 27, 1986.
Approved and sent to Comon
Council on May 27, 1986.
Approved .
Approved .
Approved.
Approved and extension granti
(July 21, 1986) .
Approved.
Approved. Copy herein in-
corporated .
Approved and B. 0. 103-86
Check being held in vault
issit.
55
27 Received Contract on behalf of Robert L. Thompson, Jr.
for services to be rendered on behalf of City Utilities
for related matters before Public Service Commission.
Amount not to exceed $15,000.00.
Received Contract on behalf of Robert L. Thompson, Jr.
for services to be rendered on behalf of City Utilities
for related matters before Public Service Commission
regarding rates 5 changes involving Indiana 5 Michigan
Electric. Amount not to exceed $15,000.00
29. Received the following petitions:
Storm sewer for Hollis Lane
Construction of sidewalks, curbs and repaving of
existing street at Hollis Lane.
Construction of sidewalks, curbs and repaving of
existing street at Burns Blvd.
Storm Sewer for Burns Blvd. from Fairfield Ave. to
Calhoun Street.
Approved. Copy herein incorporated.
Approved. Copy herein incorporated.
ill
Forwarded to WPC Eng. to investigate. '7I
Forwarded to Street Eng. to investigate.
Forwarded to Street Eng. to investigate,
Forwarded to WPC Eng. to investigate.
Left hand turn lanes on Clinton St. at Wash. Ctr.
Rd. - both Northbound and Southbound lanes. South-
bound turn lane to be extended to Colony Dr.
Water Main to serve Deerwood Dr. to Mohawk Dr.
(Concordia Gardens Addition).
Repair 5 replacement of sidewalk for 4811 Eastwick
Dr. and 4803 Eastwick Dr.
Construction of sidewalk, curbs and repaving existing
street or installation of new streets for Pursley Dr.,
from Fairfield Av. to Calhoun St.
Forwarded to Traffic Eng. to investigatt
Forwarded to Water Eng. to investigate.
Forwarded to St. Eng. to investigate.
Forwarded to St. Eng. to investigate.
ilf.
Storm Sewer Pursley Dr. from Fairfield Av. to Calhoun
30. Received the following driveway permits:
Forwarded to WPC to investigate.
Approved .
C-37-86/S12-520 Hayden/Zumbrun Const.
C-38-86/3939 Wells St. on Louisdale/Mergy Const.
R-78-86/1701 Clover/City Roofing § Remodeling
R-79-86/S20S Tunbridge Crossing/Neddef f Homes
R-80-86/1918 Shorecrest Dr. /Windsor, Inc.
R-81-86/S317 Inland Trail/Star Builders
R-82-86/5428 Cove Ct./Star Builders
R-83-86/2405 Buckhurst Run/Roussel Concrete
R-84-86/906 Easton Trail/Exner Const.
R-8S-86/1307 W. Sherwood Terrace/Frank Hamilton
R-86-86/6615 Centerton/Kirk Scheeler
R-92-86/4930 Camden Or . /Gingerich Concrete
P-30-86/2929 Goshen Rd./Dailey Asphalt
R-33-86/1131 E. Wallace St. /Brooks Const.
P-34-86/3939 Wells St./Mergy Const.
P-36-86/NE Corner Masterson f, S. Clinton
56
31. Received the following light orders:
East Pettit Ave. from 1401 to 1521.
N. Wells Street from State St. to Franke Park.
Approved and L. 0. 5339 issued
5340.
ATTEST : Ov/pj/^^xU^
Helen V. Gochenour, Clerk
^osett^ R. Simofv, Member
Lawrence D. Consalvos, Member
57
Monday, June 2, 1986
Board of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
p. J. Kiester, Member
(;. R. Simon, Member
I, D. Consalvos, Member
Helen V. Gochenour, Clerk
1. Received Invoice #3 from ARE, Inc. in the amount Approved and paid from LR5S funds,
of $3,367.75 for work performed on Pavement Manage-
ment System.
2. Received Invoice #4 from ARE, Inc. in the amount Approved and paid from LR5S funds,
of $3,367.75 for work performed on Pavement Manage-
ment Systems.
3. Received March 1986 Invoice from E.M.A. for Engineering Approved and paid from City Utilities.
Services on our Computerization Project at the WPC
Plant in the amount of $8,129.08.
4. Received April 1986 Invoice from E.M.A. for Engineering Approved and paid from City Utilities.
Services on our Computerization Project at the WPC
Plant in the amount of $8,508.78.
5. Received pay request #8 for work performed at the
Southwest Pump Station - CM, 85-W-2, from the
Robert Henry Corporation in the amount of $67,455.12.
6. Received pay request from McNamee, Porter I, Seeley,
in connection with the Water Treatment Pilot Plant
in accordance with the Agreement between the City
of Fort Wayne and the Engineer dated April 2, 1986,
in the amount of $1,243.50.
7. Received partial payment #1 received from Miller §
Associates for work performed on Contract 85-XP-8,
St. Joe Center Road Feeder Main, in the amount of
$45,755.86.
8. Received claim from Frederick L. Young, 1130 Montezuma
Drive, Bradenton, FL. 33529, as a result of negotia-
tions by the City Land Acquisition Agent, Fred
McCulloch, for crop damages of "Southwest Inter-
ceptor" Easement Damages, Res. 408-85.
9. Received for Board approval Improvement Resolution
No. 6048-86 - Headwall and Backwater Gate at Gruber
Ditch.
10. Received for Board approval Res. 180-86, Improve-
ment Resolution for Ornamental Street Lighting,
Wheatridge Addition - Section I.
11. Received for Board approval Improvement Resolution
for Lafayette and Clinton Streets/Resurfacing.
12. Received for Board approval Improvement Resolution
for Valve Box Work/ Lafayette and Clinton Streets.
Approved and forwarded to City Utilities
to be charged to W. 0. 63758.
Approved and forwarded to City Utilities.
Approved and forwarded to City Utilities
to be charged to W. 0. 63764.
Approved and forwarded to City Utilities
for payment and charged to W. 0. 72855.
Approved and adopted. Dates for Notice
to Contractors 6-6-86 and 6-13-86 with
date to receive bids June 25, 1986.
Approved and adopted. Dates for
Notice to Property Owners June 2, 1986,
(News Sentinel) June 3, 1986, (Journal
Gazette only). Copy herein incorporated.
Approved. Copy herein incorporated.
Approved. Copy herein incorporated.
58
13. Received Change Order #1 (FINAL) for St. Joe -
St. Joe Center Road Sanitary Sewer Extension,
Res. 897-85 in the amount of $994.73, changing
contract amount to $23,415.27.
14. Received Utility Extension Agreement, whereas
Shambaugh § Son, Inc., is developing a new
industrial park on Cook Road north of the
airport .
15. Received Sewer Construction Permit with bond
for Wheatridge Section II Sanitary Sewer
Extension, Geiger Developing, Inc., Contractor.
16. Received petition for street lighting on
existing pole along the senate side of 4305 Wayne
Trace.
Approved and sent to Common Council
on June 10, 1986.
Approved and copy herein incorporated
Approved and Board Order 105-86 i
ssued.
Approved and Light Order 5343 is
ssued.
17. Received Sewer Construction Permit from Shambaugh
§ Son, Inc. for Cook Road Office § Industrial Park for
a sanitary sewer.
18. Received Sewer Const. Permit from Shambaugh
§ Son, Inc. for Cook Road Office fj Industrial Park for
a storm sewer.
19. Received for Board's execution Water Contract 8601 -
Marathon Petroleum Company, on Challenger Drive,
from Washington Ctr. Rd. southward to its terminus.
Approved and Board Order 107-86 issued
Bd. agreed to allow ITT a 10 acre segnem
at the rate of $700.00 per acre.
Approved and Board Order 108-86 issued.
Bd. agreed to allow ITT a 10 acre segment
at rate of $700.00 per acre.
Approved .
20.
Received for Board Approval Barrett Bond Agreement
Forms submitted by Dick Snouffer.
Approved .
21. Received recommendation from Water Pollution Control
Department that we accept Sawmill Woods, Sec. IV
Sanitary Sewer as part of the City's sewer system.
22. Received Agreement Amendment by and between the City
of Fort Wayne and Bonar fi Associates, consulting engi-
neers reflecting change in Engineer's procedure for
billing.
Acceptance letter sent to Porter Construe:
Inc .
Approved. Copy herein incorporated.
23. Elmer Macke asked the Board for consideration with
respect to the $475 per acre charge for the remaining
undeveloping land in the Pine Valley area.
Board approved the $475 per acre provided
Mr. Macke pay for the designated area
within 3 weeks; any residual area of
development will pay the prevailing area
connection fee rate.
24. Received the following driveway permits.
Approved .
R-87-86/5620 Roaring Fork/Windsor, Inc.
R-88-86/5612 Roaring Fork/Windsor, Inc.
R89-86/5626 Roaring Fork/Windsor, Inc.
R-90-86/1618 Shoreview Dr./Rediger § Assoc.
R-91-86/5716 Chester Blvd. /Richard Hart
R-93-86/4830 Smith St. /Bradbury Const.
R-94-86/5615 Dartmouth/Four Seasons Home Improvement
R-85-86/2226-2228 Versailles Village PI. /Gerald Baker
P-32-86/301 N. Clinton/Brooks Const.
P-35-86/1817 Spy Run Ave. /Old Fort Draperies
C-40-86/7501 Lakeridge Dr. /Willow Creek Crossing Apts. /Sentry Mgt . Svc .
Inc .
Meeti
5a^^a~ J, Kie>te
ATTEST?
Lawiience D. Consalvos
Helen V. Gochenour, Clerk
59
Wednesday, June 4, 1986
Department of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D, J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
Received partial payment #1 in the amount of $22,099.36
from Wayne Asphalt and Construction Co., Inc. as
recommended by WPG Eng. Dept. or work performed on
Miami Village - Bluffton Road Outfall Storm Sewer,
Res. 420-86.
Approved and forwarded to City
Utilities to be charged to
Work Order 73090.
Received invoices from Controller's Office to reimburse
City Utilities for for funds which were paid to Dailey
Asphalt. Funds should have been paid from Storm Sewer
Relief and Revolving Barrett Law.
Received Agreement between City through its Board of
Works and Safety and the Kroger Co., regarding
the widening of State Boulevard.
Approved and paid from Storm
Sewer Relief Funds as follows:
60% of Dailey Asphalt invoices
1 thru 3 to be reimbursed to
City Utilities - 60% of Dailey
Asphalt Invoice #4.
23,898.29
10,660.83
34,599.10
Approved and copy herein
incorporated .
4. Received request from WPC Engineering for extension
of sanitary sewer for Gretna Avenue.
5. Received taxi driver license applications and taxi
company permits for Board's review.
Board approved and B. 0. 112-86
was issued.
Board approved 40 driver applications
and three company permits; one appli-
cation was denied and one to be further
investigated .
Received partial payment #4 from Land Excavating in
the amount of $14,337.30 as recommended by WPC Eng.
for Res. 414-85, Spy Run Storm Sewer. This covers
Spy Run NSA Federal Project. App. 195-008-SR01-4431
Block Grant 11th year.
Approved and forwarded to
Susan Barnes, GD6P to be
charged to P. 0. 46523.
Received last invoice from Bonar § Associates, Inc.
for services rendered in connection with the River
Confluence Project in the amount of $165.58.
Approved and forwarded to
City Utilities to be charged
to W. 0. 54903.
Received final pay request from Franklin E. § Rita
H. Marshall as a result of negotiations for ease-
ments and rights-of-way for project by
Fred McCulloch, Land Acquisition Agent - Southwest
Interceptor - Res. 407-85 - Phase VII.
Received final pay request from Ruhl D. 5 Lois C.
Buskirk as a result of negotiations for easements
and rights-of-way for Southwest Interceptor - Res.
407-85 - Phase IV. to be distributed by Fred
McCulloch, Land Acquisition Agent.
Approved and forwarded to City
Utilities for payment out of
Work Order 72855.
Approved and forwarded to City
Utilities for payment out of
Work Order 72855.
10. Received Sewer Construction Permit from Plantation
Supply Co., Inc. - Coldwater Road, Contractor Land
Excavating, Inc.
11. Received petition for replacement of sidewalks on
Calhoun St. from Sherwood Terrace to Fleming.
Approved and Board Order 113-86
issued.
Approved and ordered Street
Engineering to investigate and
report - B.O. 114-86 assigned.
60
12. Received Water Contract 8612 - Sawmill Woods, Sec. V.
B. 0. 81-86 for Board's execution from Saimnill Woods
Development Corporation.
Approved.
13. Received extension request for hookup to City sewer
from Helen L. Tillotson and Robert C. Tillotson,
3016 Lincolndale Avenue.
Approved extension of 60
days.
14. Received final agreement document for Allen County
Regional Sewer District (ARCOLA) entered into
by and between City and Allen County Regional Sewer
District .
Approved and copy herein in-
corporated .
15. Received Partial Release of Easement- Industrial
Engineering, Inc. for Board's execution.
16. Received final plat of Sawmill Woods Section V
subdivision. The conditions imposed were
satisfied and the plat was signed by Plan
Commission on June 2, 1986.
Approved and copy herein
incorporated .
Approved .
17. Received Emergency Resolution whereas a pavement
blow-up occurred in the westbound lane of Illinois
Road at Getz. EMERGENCY RES. #76-60-17 issued.
18. Received Proposed N.l.P.S.C.O. Easement #3S893-A
between the City of Fort Wayne and N.l.P.S.C.O.
Approved and copy herein
incorporated. P.O. A-47753
issued by Purchasing to Three
Rivers Barricade fj Equipment,
and to Mergy Construction Co.
(low bidder) in the amount of
$1,760.00 to repair pavement.
Approved and copy herein
incorporated .
19. Received Agreement between City and Light 5 Breuning,
Realtors whereas manager will manage and operate,
in turn-key fashion, the City's parking lot located
east of the Historical Museum.
Approved. Copy herein in-
corporated .
Thursday, June 5, 1986
Board of Public Works § Safety
Office of the Board
Boom 910. City-County Building
Hearing held at 3:30 p.m.
0 J. Kiester, Member
c' R. Simon, Member
^ p. Consalvos, Member
Helen V. Gochenour, Clerk ACTION
1. PUBLIC HEARING - NOTICE TO PROPERTY OWNERS Remonstrance period up June 16.
Board to confirm June 19, 1986.
Res. 895-1985 - Illinois Road Sanitary Sewer
Extended "Amended"
Helen V. Gochenour,'- Clerk
62
Wednesday, June 11, 1986
Board of Public Works & Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Res. 899-86 - Ludwig Park Sewer (Amended]
ALL STAR CONST. $145,794.41 San.
90,377.00 Storm
BERCOT, INC.
JOHN DEHNER, INC.
LAiND EXC. INC.
T-G EXCAVATING
Engineer's Estimate
154,902.50 San.
105,017.40 Storm
184,817.50 San.
117,205.00 Storm
135,424.85 San.
77,048.00 Storm
166,648.35 San.
122,321.00 Storm
$155,059.00 San.
$110,475.00 Storm
2. RECEIVE BIDS
Res. 421-86 - Oswego San. Sewer Line Repair
BERCOT, INC. 32,550.00
JOHN DEHNER, INC. 39,736.70
LAND, INC. 34,455.00
Engineer's Estimate 15,000.00
3. RECEIVE BIDS
Res. 6045-86 - Asphalt Resurfacing First Package
RIETH-RILEY 667,727.30
WAYNE ASPHALT 448,179.25
Engineer's Estimate 495,082.00
4. Res. 6046-86 - Asphalt Resurfacing Second Package
S. E. JOHNSON 545,561.40
RIETH-RILEY 653,282.55
WAYNE ASPHALT 552,620.77
Engineer's Estimate 507,375.70
5. RECEIVE BIDS
Res. 6047-86 - Asphalt Resurfacing Third Package
RIETH-RILEY 561,834.15
WAYNE ASPHALT 479,843.36
Award Monday June 16, 1986.
Instructed WPC Engineering to
tabulate and report.
Award Monday June 16, 1986
Instructed WPC Engineering to
tabulate and report.
Award Wednesday June 18, 198(i.
Instructed Street Engineering to
tabulate and report.
Award Wednesday Jung i
Instructed Stfeet Engiileeiing '
tabulate and report.
Award Wednesday June 18, l^^^'
Instructed Street Engineering "
tabulate and report.
Engineer's Estimate 488,077.25
65
Received pay Invoice #1 dated May 30, 1986
in the amount of $16,915.50 from Hipskind
Concrete Corporation for work performed
on Oxford '86 - Res. #6041-86.
Approved and forwarded to CD§P Accounting
to be charged to Appropriation #172-008-OXC-2-4431 .
Received pay request Invoice #2 (final) from
Hipskind Concrete in the amount of $14,220.90
for work performed on Oxford '86 - Res. 6041-86.
Approved and forwarded to CD§P Accounting
to be charged to Appropriation #172-008-OXC-2-4431 .
Received pay request #6 in the amount of $1,766.00
from Owens Russell Associates for Engineering
services on Southwest Interceptor S-2 - Resolution
#407-85, Phases I thru V.
Received partial payment #9 in the amount of
$64,599.57 from Bercot, Inc. for Rehabilitation
of Sewers, SSES Subsystems DS, ES, CS, KS,
Federal Grant C-180775-02, Res. 395-83.
Further retainage monies in the amount of
$7,177.73 should be deposited in Bercot, Inc.
Escrow Account, Summit Bank.
Approved and forwarded to City Utilities Accounting
to be charged to Work Order 72855.
Approved and forwarded to City Utilities Accounting
to be charged to #79082.
Received partial payment #9 revised from Hydro- Approved and forwarded to City Utilities Accounting
storage. Inc. for work performed on Contract 85-W-3, to be charged to W. 0. 63755.
GM Elevated Water Tank, in the amount of $59,051.87.
Also $3,107.00 to be paid to Escrow - Ft. Wayne
National Bank.
Received Invoice No. 416 dated May 28, 1986,
in the amount of $4,992.28 from Tank Industry
Consultants, Inc., for inspection services on
GM Elevated Tank, Div. 85-W-3.
Approved and forwarded to City Utilities Accounting
to be charged to W. 0. 63755.
Received claim from Sandpoint Greenhouse, Inc.
for plants that were installed as a result of
negotiations for easements for General Motors -
Phase V, in the amount of $100.00.
Received final damage claim as a result of ne-
gotiations for easements and rights-of-way for
Southwest Interceptor - Res. 408-1985, Phase V,
Michael L. and Betty Yoquelet.
Received invoice from Pitometer Associates in the
amount of $4,275.00 for work performed on Pitometer
Survey - Master Plan Study.
Received partial payment #12 in the amount of
$111,827.85 for work performed on Summit Park -
Res. 74-150-2 - EDA 06-01-02027. Also requested
City Utilities Accounting to issue an escrow check
in the amount of $13,001.52 to Decatur Bank and
Trust Company. Also Board executed release of
Escrow funds to Fleming Exc, Inc. in the amount
of $4,766.58.
Approved and forwarded to, City Utilities Accounting
to be charged to Work Order 72855.
Approved and forwarded to City Utilities Accounting
to be charged to Work Order 72855.
Approved and forwarded to City Utilities
to be charged to Work Order 63678.
Approved and forwarded payment to City Utilities
Accounting for payment to be charged to W. 0. 72861.
Received Invoice from Tomco Construction Co., Inc.
in the amount of $541.08 for curb and sidewalk at
4126-4130 S. Wayne Avenue - miscellaneous bid.
Received invoice from Tomco Construction Co., Inc.
for miscellaneous construction, curb, sidewalk
and 6" concrete drive replacement.
Approved and paid from Civil City per P.O. A-45970.
Approved and paid from Civil City per P.O. A-4S969.
18. Received request from Fort Wayne City Plan Commission
whereas Noble Machinery Company, Inc. petition for
vacation of right of way in Councilmanic District
#1 on Gay Street.
19. Received request from Fort Wayne City Plan Commission
whereas JSK Corporation petitioned for vacation of
dedicated alley at 1600 block of Tam Street.
20. Received request from Fort Wayne City Plan Commission
whereas Woodland/Riverside Properties, Inc. petitioned
to vacate portion of Plat of Woodlands of Riverside.
21. Received Water Contract 8605 for Burlington Heights
between City and John M. Bojrab for the Board's
execution.
Approved and Resolution 76-64-18
adopted .
Approved and Resolution 76-64-19
adopted.
Approved and Resolution 76-64-ls
adopted .
Approved .
22. Received Invoice #7 from Earth Construction Co., Inc.
in the amount of $9,766.99 per Purchase Order A-45055
for work performed on Maplecrest Road Extension - Res.
6021-85. Also $541.06 to be deposited in Escrow
Account at Fort Wayne National Bank.
Approved and paid from LR6S.
23.
Received Res. 422-86 for Sanitary and Storm Sewer Project
for Courtyards for adoption and advertisement.
Approved and adopted.
Advertise Notice to Contractors
6/13 and 6/20 with date to re-
ceive bids July 2, 1986.
24. Released EscrovK in the amount of $4,766.58 for
Summit Industrial Park - Res. 74-150-2, Fleming
Excavating, Contractor.
25. Received for Board approval Supplemental Agreement
for administration engineering services as related to
subject project from Owens Russell Associates.
This increases the original proposal on Sept. 18, 1985,
by $3,200 and therefore not to exceed price for the
total of such services $16,950.00 and the termination
of the agreement shall extend from Dec. 31 1985
by 9 months to Oct. 1, 1986.
26. Received Sewer Construction Permit for Sawmill Woods -
Section V from Saivmill Woods Development Corporation.
27. Received for Board review Agreement between the
City of Port Wayne and the Department of Natural
Resources. This document reflects at $9,000.00
commitment to DNR as City of Fort Wayne's share
of the cost of the study for the Junk Ditch Floodway
area .
28. Received Change Order #3 for Res. 407-85, Phase VII,
"Southwest Interceptor, S-2, John Dehner, Inc.,
Contractor, increasing the amount $22,345.95.
29. Received Change Order #1 for Res. 6036-86, Maumee
River Bank Restoration increasing the amount
$5,230.16. T-G Excavating, Inc. is the contractor.
30. Received Encroachment Report from Fort Wayne Auto
Parts S IVreckers, Inc. for SW fence encroachment
at 3601 Maumee Avenue.
Approved and authorized Decatur
Bank § Trust Co. to release
this amount .
Approved. and forwarded to WPC
Engineering for their distribution.
Approved and Board Order 117-86
issued .
Approved and sent to Common Council
on June 24, 1986.
Approved and sent to Common Council
on June 24, 1986.
Approved and sent to Common Council
on June 24, 1986.
Approved .
31. Received plat for Cook Road and Industrial Park
Section I for Board's approval.
32. Received Revision of Specified Non-Recurring charges
for Water Utility for City of Fort Wayne.
33. Received for Board's review and approval a document
prepared by Conrail for the City of Fort Wayne to
cross their right-of-way within the confines of a
public alley. (Fourth Street Sanitary Sewer Crossing)
Approved .
Approved . Res. 76-64-22 adopted.
Copy herein incorporated.
Approved .
65
34. Received petition for water main on Tyler Avenue
to the main on Princeton Avenue.
35. Received petition for continuation of water line
1225 Ludwig Park Drive from Lot 42, Ludwig Park
Addition to Lot 41 including W5'.
36. Received petition for construction of water main
on 4100 block of Ardmore Avenue from Engle Road
to Westbury.
37. Received response from petition investigation on
sidewalk and protective barrier on Mildred Avenue
from Walt Stout
38. Received Resolution from City Plan for vacation
of part of right of way of Gay Street from
Noble Machinery Co., Inc.
39. Received Resolution from City Plan for vacation
of part of Olney Park Subdivision, JSK Corpora-
tion .
40. Received Vacation from City Plan for vacation
of dedicated plat in Woodlands of Riverside.
!JI
Approved and forwarded to Water Engineering
Department for their investigation - B.O. 120-86.
Approved and forwarded to Water Engineering
Department for their investigation - B.O. 119-86.
Approved and forwarded to Water Engineering
Department for their investigation - B.O. 118-86.
Sent memo to Traffic Engineering to do a pre-
liminary design with cost estimate and get the
" ■ IE
Approved .
Approved .
Approved .
41. Received the following driveway permits.
Approved .
R-98-86/3629 Hike Ln. /Zimmerman Exc.
R-99-86/S009 Indiana Ave./Strebig Const.
C-17-8S/2323-25 Miner St. /Wayne Asphalt
C-23-86/324 B. State bet. Clinton § Spy Run
C-41-86/5611 Illinois Rd./S. E. Johnson
P-5-86/6610 Mutual Dr./Dailey Asphalt
P-21-86/3512 Cavalier Dr./Felderman Const.
P-26-86/6019 Illinois Rd./Hipskind Concrete
P-29-86/312S Hobson Rd./Dailey Asphalt
P-37-86/5104 N. Clinton St . /Construct ion, Inc
P-38-86/5611 Illinois Rd./S. E. Johnson Co.
Received Improvement Resolution for Street
Widening No. 6049-86 - Parnell Avenue (East
Side from State Blvd. to a point 240 ft. South
thereof.
Approved and adopted. Notice to Contractors
6/13 § 6/20 with date to receive bids 7/2/86.
Helen V. Gochenour, Clerk
Thursday, June 12, 1986
Board of Public Works (, Safety
Office of the Board
Room 910, City-County Building
Hearing held at 3:30 p.m. ACTION
1. HEARING ON NOTICE TO PROPERTY OWNERS Remonstrance period due 6/23/86.
Board to confirm 6/26/86.
Ornamental Street Lighting in IVheatridge Addn.
Res. 180-86
2. HEARING ON NOTICE TO PROPERTY OWNERS Remonstrance period due 6/23/86.
Industrial Road - Ley Road Storm Sewer Board to confirm 6/26/86.
Res. 413-86
ATTES'
Monday, June 16,1986
Board of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
Q, J. Kiester, Member
C, R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1, AWARD CONTRACT Awarded to Bercot, Inc. in the amount
of $32,500.00. Forwarded to Common
Received recommendation and tabulation from Council on June 24, 1986.
WPC Engineering for Res. 421-86 - Oswego San.
Sewer Line Repair.
ATTEST :
Wednesday, June 18, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Res. 413-85 - Industrial-Ley Road Storm Sewer Improvement
ALL STAR CONST.
BERCOT, INC.
JOHN DEHNER, INC.
LAND EXCAVATING
SCHEIDLEMAN EXCAVATING
T 5 G EXCAVATING, INC.
Engineer's Estimate
2. Open Proposals
178,481.50 Base
132,914.00 Alt.
311,105.00 Base
215,825.00 Alt.
215,976.65 Base
139,964.26 Alt.
166,778.00 Base
121,732.50 Alt.
239,301.75 Base
151,095.75 Alt.
187,101.50 Base
127,409.10 Alt.
202,400.00 Base
145,550.00 Alt.
West Nebraska
Main Street Fire House
AWARD CONTRACT
Received recommendation and tabulation for Res.
6045- 86 - Asphalt Resurfacing 1st Package from
Street Eng.
4. AWARD CONTRACT
Received recommendation and tabulation for Res.
6046- 86 - Asphalt Resurfacing 2nd Package from
Street Eng.
5. AWARD CONTRACT
Received recommendation and tabulation for Res.
6047- 86 - Asphalt Resurfacing 3rd Package from
Street Eng.
Award not determined.
Review Committee will evaluate.
Awarded to Wayne Asphalt in the amount
of $448, 179.25. Sent to Common Council
June 24, 1986 - Prior Approval requested
Awarded to S. E. Johnson in the amount
of $545,461.40. Sent to Common Council
June 24, 1986. Prior Approval requested.
Awarded to Wayne Asphalt in the amount
of $479,843.36 Sent to Common Council^
June 24, 1986. Prior Approval requested-
6. Received partial payment #7 (Final) in the amount Approved and forwarded to City UtiliWi.
of $10,098.00 from Scheidleman Excavating, Inc. Accounting and charged to Work Order
for work performed on Res. 408-85, Phase #1,
Southwest Interceptor S-2. Further, retainage
monies in the amount of $1,009.80 should be re-
leased from escrow and paid to Scheidleman Ex-
cavating, Inc. Escrow Agent - Summit Bank.
69
7, Received partial payment #7 in the amount of
$4,017.88 from Land Excavating, Inc. for
Southwest Interceptor S-2, Res. 408-85, Ph. IV.
Also $446.42 to be deposited into Escrow Account
- Lincoln National Bank.
Approved and forwarded to City Utilities to be
charged to W. 0. 78855.
Received recommendation from WPC Engineering
Department to release retainage monies of
$2,455.49 to Wayne Asphalt § Construction
Co., Inc.
Approved and forwarded to City Utilities Acctg.
to be charged to W. 0. 73090.
9. Received invoice from Mergy Const. Co., Inc.
in the amount of $1,750.00 for emergency
street repair on Illinois Road at Getz Road.
Approved and paid from Civil City as per
Purchase Order A-47842, Res. 76-60-17.
Iliin
10. Received City Utilities Invoices for Technical
Services Labor on street construction at the
Cook Road Industrial Park Project.
Approved and paid from Utility Funds.
11, Received City Utilities Invoices to for
the following projects.
LOC 0005
St. Joe Road
$825.00
Approved and paid from LR dS out of Fund 138.
■
m
LOC 0017
Bluff ton Rd.
Bluff ton Rd.
4j980.00
10,320.00
LOC 0044
Maplecrest Road
500.00
16,425.00
13.
Received Invoice #2 in the amount of $14,970.00
from Rieth-Riley Construction Company, Inc.
for work performed on Lynn Avenue, Phase I-B,
Res. 6018-85. Retainage to be held is $1663.35.
Received recommendation from Street Eng. Dept.
for the release of $500.00 being held in retainage
for Res. 6007-84, Phase I-B, Contractor - Dailey
Asphalt .
Approved and forwarded to Controller's Office
to be paid from Revolving Barrett Law Funds.
Approved and forwarded to Controller's Office
to be paid from Revolving Barrett Law Funds.
Received recommendation from Street Eng. Dept.
for the release of $500.00 being held in retainage
for Res. 6007-84, Phase I-A, Contractor - Tomco
Construction Co., Inc.
Approved and forwarded to Controller's Office
to be paid from Revolving Barrett Law Funds.
15. Received Agreement for Sewer Extension with
Exhibit "A" between Macke Development Corp.,
and City for Pine Valley 13th, Pine Valley
14th, Pine Valley 15th, Lake Pine Valley,
and Burning Tree Developments.
16. Received Resolution 902-86, Martin Luther
Sanitary Sewer Extension for Board approval .
Approved and forwarded to WPC for their
recording - copy herein incorporated.
Approved and adopted. Advertisement
Notice to Property Owners June 27, 1986
with Public Hearing to be held on July
10, 1986.
AWARD CONTRACT
Received recommendation and tabulation for
Res. 899-86 - Ludwig Circle Sanitary Sewer
(Amended) .
18. Received claim in the amount of $14,220.00 for
Lindenwood Railroad Crossing Project RRP-F392
(1) from Indiana State Department of Highways.
Awarded to Land Inc . in the amount of
$135,424.85. Notice of award sent.
Sent to Common Council on July 8, 1986.
Approved and paid from LR5S funds.
19. Received Resolution giving the City approval Approved and copy herein incorpor;
and authority to enter into Easement Agreement
with Irene S. Freistrof fer, d/b.a., Henry's
Restaurant. Also received for Board approval
Easement Agreement between City and Irene S.
Freistroffer,d/b/a/ Henrys Restaurant regarding
same .
20. Received petition for repair and replacement of
sidewalk at 3632 S. Harrison St. from Richard
E. Finch.
Approved and forwarded to Street Eng
for their investigation - B.O. Ul-aj
21. Received petition for side ditches for drainage
for 5614 Sandra Lee Avenue.
22. Received Escrow Agreement for Res. 417-85 Wood-
hurst-Belmont Storm Sewer. Summit Bank - Escrow
Agent - Contractor, All Star Excavating, Inc.
23. Received Escrow Agreement for Res. 419-85 Prospect
Avenue Storm Sewer. Summit Bank - Escrow Agent,
All Star Excavating, Inc., Contractor.
24. Received recommendation from WPC Engineering that
we retain Storm Sewer Portion of Sanrmill Woods,
Sec. IV until details are worked out regarding
Z. K. Tazian 's irrevocable letter of credit.
Approved and forwarded to WPC Eng.
for their investigation - B.O. 122-
Approved .
Approved .
Approved.
25. Received the following driveway permits:
R-37-86/6323 Neighbor Dr . /Pari lament Homes
R-38-86/6317 Neighbor Dr. /Parliament Homes
R-39-S6/6311 Neighbor Dr . /Pari lament Homes
R-42-86/6316 Neighbor Dr. /Parliament Homes
R-43-86/6322 Neighbor Dr . /Pari lament Homes
R-45-86/2821 Stanford/Parliament Homes
R-97-86/6232 Neighbor Dr./Delagrange Homes
R-101-86/1628 Briar Fence Ln./Hofmann Const.
R-102-86/2350 S. Harrison St . /Showplace Homes
R-103-86/1720 Briar Fence Lane/Graber Homes
R-10S-86/181I Briar Fence Lane/Graber Homes
R-107-86/1723 Briar Fence Lane/Graber Homes
R-108-86/5520 Breconshire Dr./Graber Homes
R-109-S6/1820 Briar Fence Lane/Graber Homes
R-112-86/1622 Briar Fence Lane/Showpiece Homes
R-113-86/1823 Briar Fence Lane/Shoivpiece Homes
R-114-86/6322 Kiwanis Drive/Parliament Homes
R-115-86/6329 Kiwanis Drive/Parliament Homes
R-116-86/1627 Cherokee Rd. /Cleave Const.
R-117-86/4415 Pembroke Ln. /Walter Manske
26. Received final plat of Georgetown Place,
Sections I and II Subdivisions. The con-
ditions imposed were satisfied and the
plat was signed by the City Plan Commission.
Approved .
C-43-36/1021 S. Clinton/Setser Excavatii
C-44-86/904 W. State/Wayne Asphalt
C-45-86/1819 S. Calhoun/ Schenkel-Kituer
C-46-86/3529 Lake/Zumbrun Const.
C-47-86/4740 Coldwater Rd./Schenkel Const,
C-49-86/4101-4109 W. Jefferson/STI Const,
P-40-86/904 W. State St . /Wayne Asphalt
P-42-86/1615 E. Wallace/Zumbrun Const,
P-43-86/1515 Clay St./Zumbrun Const.
P-44-86/2725 Independence/Zumbrun Const,
Approved.
Meeting ad j our
jt 0:45 at.m.
ATTEST
II
Helen V. Gocheriour, Clerk
aette H. Simon\ Me'mber
Li
Cawtence D. Consalvos, Member
Thursday, June 19, 1986
Oepartment of Public Works § Safety
Office of the Board
Room 910, City-County Building
Hearing held at 3:30 a.m.
p. J. Kiester, Member
Q, R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. FINAL ASSESSMENT HEARING - Res. 897-85 Confirmed.
St. Joe - St. Joe Center Rd. San. Sewer Improvement
2. PUBLIC HEARING - Notice to Property Owners Continued
Res. 895-85 - Illinois Rd. Sanitary Sewer
Extension "Amended"
Friday, June 20, 1986
PUBLIC HEARING 5 BID OPENING
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Hearing held at 10:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. Robison Park Hearing 6 Bid Opening Board approved the sale to the
Northill Development Company
$25,000
bidder with instruction to attorneys
negotiate appropriate necessary re-
strictions on the deed before it is
submitted to City Council for it's
concurrence .
Helen V. Gochenour, Clerk
73
Wednesday, June 25, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
RECEIVE BIDS - Res. 6048-86
Headvrall 5 Backwater Gate at
Gruber Ditch
No award date set.
John Dehner, Inc.
$64,679.00 Total
57,729.00 Base
6,750.00 Alt. 1
2. Received recommendation that we pay Escrow
Account for GM Storage Tank - Contract No.
85-W-3, Robert Henry Corporation, Contractor,
in the amount of $7,197.67. Escrow Agent
Fort Wayne National Bank.
Approved and forwarded to City Utilities Acctg.
to be charged to W. 0. 63755.
Received invoice #425 dated June 2, 1986,
in the amount of $1,869.25 from Tank In-
dustry Consultants, Inc. for the inspection
services on GM Elevated Tank - Div. W-3,
Contract 85-W-3.
Approved and forwarded to City Utilities Acctg.
to be charged to W. 0. 6375S.
Received certificate of claim from Mark and
Tina Eminger, 12921 Branstrator Rd.,Yoder,
IN, in the amount of $286.88 for damages
related to Contract No. 85-XP-4, GM Water
Main Extension.
Approved and forwarded to City Utilities Acctg.
to be charged to W. 0. 63761.
6.
Received claim in the amount of $803.25
payable to "Real America Corporation" as
a final settlement for Southwest Interceptor,
Res. 408-85, Ph. II, for damages incurred.
Received invoices from H.N.T.B. for
C-180538-01 for engineering services in
general for close out of project.
Approved and forwarded to City Utilities Acctg.
to be charged to W. 0. 72855.
Approved and forwarded to City Utilities Acctg.
to be charged to same project.
Invoice #7
Invoice #8
Invoice #9
2,349.48
786.62
551.97
Received invoice in the amount of $12,320.16
for the installation of new street lighting
for Hoagland/Masterson NSA, Phase IV, Res. #
6014-85, from City Utilities.
Received invoice from City Utilities in the
amount of $12,230.16 for the installation of
the new street lighting for Hoagland/Masterson
NSA, Phase IV, Res. 6014-85.
Approved and forwarded to Susan Barnes,
CDfjP Accounting to be charged to
Appropriation 195-008-MHC=14431 .
Il>
Approved and forwarded to City Utilities
to be charged to Appropriation No. 195008-HMC-14431,
9. Received pay request for City's share of
Res. 6018-85, Phase I-B, Lynn Avenue, in
the amount of $36,451.60. This is a Barrett
Bond Revolving Improvement Program.
Approved and paid from Civil City Funds.
mil
10. Received invoice in the amount of $301.84 for
barricades needed on Emergency Res. 76-60-17
Street Repair Illinois Road from Three Rivers
Barricade f, Equipment Company.
11. Received invoice in the amount of $5,664.18
for Street Lighting Invoice - E. Washington
Turn Lane - Res. 6030-85 from City Utilities
for the installation of new street lighting
on the north side of E. Washington and between
Kitch and Old Maumee.
12. Received for Board approval Resolution 1036-86,
Water Main Improvement for Ludwig Park Drive,
from the east property line of Lot 45, east-
ward to the west property line of Lot 35,
Ludwig Park Addition.
13. Received survey and legal description from
Cedar Creek Development for single family
dwellings, estimated that 2.15 acres will be excluded
from sewer assessments. They were assuming $50
per lot cost until taps have been installed.
14. Received letter from Denis J. S Melvin Graber
regarding up front assessment fee on approxi-
mately 60 acres for plot on Northwest corner
of Wheelock and St. Joe Center Road.
Approved and paid from Civil City
per Purchase Order A-47753.
Approved and paid from Civil City
Funds - Appropriation No. 138-972-LR6S
4431.
Approved and adopted. Ordered Water
Engineering to advise when to schedule
public hearing.
Board reviewed and advised them
they needed more information.
Board forwarded to WPC Engineering
for their investigation.
15.
Received the following petitions for water
mains .
Otsego Drive in Concordia Gardens Addn.
St. Joe Rd. from Derome Dr. to S. lot line
of 7003 St. Joe Rd.
Approved and forwarded to Water Engineering
for their investigation
16. Received recommendation from Water Engineering
Department regarding petition for water main
on Tyler Avenue to the main on Princeton Avenue.
17. Received the following petitions for street
lighting.
Standard lighting in Rolling Rose Addition.
Street S Alley lights from Fairfax 5 Holton
Standard lighting on E. Paulding Rd.
Board taking under advisement.
Approved and ordered street lighting to
investigate .
18. Received taxi driver license applications for
Board's review.
19. Received the following driveway permits.
R-4-86/1528 Forest Park Blvd . /Jerrald Nichols
R-18-86/215 Edgewood/Carl Arnold
R-19-86/1025 Easton Trail/Windsor, Inc.
R-110-86/54IO Stonecreek Tr./Speidell Homes
R-120-86/3838 N. Washington Rd./Hart Const.
C-53-86/ 200 blk. Douglas/Wayne Asphalt
P-45-86/4410 Wayne Trace/Wayne Asphalt
P-49-86/2123 Taylor St./B6B Asphalt 5 Paving.
Board approved 5 driver applications
and reviewed an appeal .. Appeal granted.
Approved .
David J. Kiestevf Member
ATTEST
Helen V. Gochenour, Clerk
Cosette R. Simon, Member
Layrence D. Consalvos, Member
Wednesday, July 2, 1986
Board of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9;00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L, 0. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Resolution 6049-86 - Parnell Avenue Widening
M. A. GAINES 11,983.50
MERGY CONST. 13,118.56
RIETH-RILEY CONST. 14,911.30
Engineer's Estimate 14,100.50
2. Received for Board approval Improvement Res.
6050-86 for Hurshtown Reservoir Recreation
Facility Phase I.
Received for Board approval application
submitted by City Plan Commission for vacation of
street situated in Woodlands of Riverside.
Received for Board approval application
submitted by City Plan Commission for dedication
of alley bounded by Wallace Street on the
north, Masterson Street on the south,
B.T.S. Realty Corporation petitioned for
same.
Award Contract July 3, 1986.
Approved and adopted. Copy herein
incorporated. Ordered Transportation
Department to proceed with engineering,
construction and material acquisition
necessary to complete same.
Approved and resolution 76-75-3 adopted.
Woodland/Riverside Properties, Inc.
petitioner.
Approved and resolution 76-75-4 adopted.
5. Received Partial Payment #9 from the Robert Henry
Corporation in the amount of $9,728.95 for
work performed on Contract 85-W-2, Southwest
Pump Station. $512.05 to be deposited into
Escrow Account, First Source Bank, South Bend,
Indiana.
6. Received May 1986 Invoice from E.M.A. for
engineering services on Computerization Project
at the W.P.C. Plant in the amount of $10,605.68.
7. Received Invoice #10 from HNTB for evaluation
services related to the evaluation of centri-
fuges for sludge thickening. Invoice amount
is $1,408.92.
8. Received pay request from Dailey Asphalt
(final invoice) in the amount $12,290.62
for work performed on Resolution 6032-85,
Central, Herman, Plaza, Lower Huntington,
Fairfield, fj Baker.
9. Received invoice #1 from Hipskind Concrete
for work performed on Resolution 6042-86,
Base Bid, Michigan Ave.. '86, in the amount
of $16,033.01.
10. Received invoice HI in the amount of $10,213.29
for work performed on Resolution 6042-86,
Alt I, Michigan Ave. '86, from Hipskind
Concrete .
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 637S8.
Approved and forwarded to City Utilities
Accounting.
Approved in accordance with 3/12/86
contract. Forwarded to City Utilities
Accounting.
Approved and paid from Appropriation No.
1-38-972-LRE-S4-431 (Civil City).
Approved and forwarded to Susan Barnes
- CD§P Acctg. to be charged to Appr.
#l-72-008-MIC-24-431.
Approved and forwarded to Susan Barnes
- CD5P Acctg. to be charged to Appr.
#l-72-008-MIC-24-431.
11.
Received for payment the following Light Orders
in the amount of $1,084.93.
Approved and paid from Civil Cit
345-006-BWCP-4431.
5272
5289
5303
$ 729.67
236.09
119.17
1,084.93
12. Received Special Street Permit for Seneca Hills,
Section VI, applied for by Affordable Homes with
John Pelkington, Inc.
13. Received Escrow Payment in the amount of $1,009.80
payable to Scheidleman Excavating, Inc. for work
performed on Res. 408-85, Phase I. Escrow Agent
is Summit Bank, Attention; Jane Bond.
14. Received recommendation from Water Engineering
Department that we accept Contract No. 85-XP-6,
GM Water Main Extension, from Weitzel Const.
• Corporation. Also we received recommendation
for release of escrow in the amount of
$30,154.37.
Approved and forwarded to Street
Engineering for their handling.
Approved .
Approved and acceptance letter writtej
to Weitzel Construction Department.
Authorization of release of escrow
sent to Lincoln National Bank - Attn
Kathleen 0. Hoff.
15. Received two invoices from Bartlett Tree Experts
for the Broadway Tree Replacement Contract. The
first invoice is for original contract of
$5,814.00 less $40.00 credit received for size
reduction of several trees. Contract amount
$5,774.00. Also invoice in the amount of $718.20
for two additional trees that were replaced,
16. Received for Board approval Improvement Resolution
6050-86 - Hurshtown Reservoir Recreation Facility
Phase I.
17. Received Emergency Resolution *6051-86 for
Street or Alley - South Clinton St. to Wildwood
for Board approval.
18. Received request from Cedar Creek Development
for grant of sewer assessment at $700.00 per
acre.
Approved and paid from Civil City.
Approved and adopted. Instructed
Street Engineering to proceed with
engineering, construct ion, and material
acquisition necessary to complete proje:!.
Copy herein incorporated.
Approved and adopted. Instructed
Street Engineering to proceed with
engineering, construction, and material
acquisition necessary to complete projtcl.
Copy herein incorporated.
Approved assessment at $700 . 00 per acrf.
19. Received for Board's execution Water Contract
8603 - Georgetown Place Retirement Center -
Shive Nursing Centers, Inc.
20. Received Encroachment Report from B.T.S.
Realty Co. 1819 S. Calhoun to erect sign
at 1721 S. Calhoun at 22 fet above the
sidewalk.
21. Received Sewer Construction Permit for
Westwood North-Section I, applied for
by Ander son- Lombard, Inc . with construction
to be performed by Porter Construction, Inc.
Also received Sewer Extension Agreement for
same between Anderson- Lombard, Inc. and
City.
22. Received Change Order for Res. 417-85,
Woodhurst-Belmont Phase I, for increase of
$1,936.86, making new contract price
$128,351.86.
23. Received Change Order IV - GM - 408-85, Ph. IV,
increasing amount by $1,326.33. New contract
amount is $678,640.53. Land Excavating, Inc.
is the contractor.
Approved and forwarded to Water
Engineering for their handling.
Approved .
Approved and Board Order #130-85 issueJ'
Agreement to be recorded by WPG Eng.
Dept.
Approved and forwarded to Common
on July 9, 1986.
Approved and forwarded to Common
on July 9, 1986.
Council
Council
77
24. Received Change Order #1 for Summit Industrial Park,
Res. 74-1S0-2 increasing amount $144,051.42, making
contract amount $1,625,713.64. Fleming Excavating,
Inc. is the contractor.
25. Received recommendation from Carl O'Neal, Res. 6048-8
Gruber Ditch Headwall.
26. Board review two applications for taxi license appli-
cations .
27. Received the following petitions for street lighting:
Standard street light from Antoinette to Anthony
Standard street light on the south side of Vernon
between Forest Park and the alley
28. Received petition for repair and replacement of
sidewalk at 2601 Indiana Avenue.
Approved and sent to Common Council
July 8, 1986.
Board discussed. Will award
July 9, 1986.
One approved and one denied.'
Approved and forwarded to Street
Lighting for their investigation.
Approved and forwarded to Street
Engineering for their investigation.
B. 0. 131-86 issued.
29. Received the following petitions for water mains.
Water main to serve Encanto Way
Water main to serve Riverton Drive - Concordia Gardens
30. Received petition for change of no parking zone
at south side of 100 W. Masterson.
31. Received the following driveway permits
R-121-86/1825 Goshen Rd. /Target Inc.
R-122-86/1608 Rumsey/Robert Houser
R-123-86/1621 Bardsey Ln./Delagrange Homes
R-125-86/403 Greenlawi/Allena Osborne
C-52-86/2725 Maumee Ave. /Mikes Asphalt
32. Received Hold Harmless Agreement between
City and The Inn Place, 122 - 124 Columbia,
for the period of June 1, 1986 until can-
celled.
Approved and forwarded to Water
Engineering for their investigation.
B. 0. 132-86 issued.
B. 0. 133-86 issued.
Approved and forwarded to Traffic
Engineering for their investigation.
B. 0. 134-86 issued.
Approved .
Approved .
MeetiniT^ adjourned a
ATTEST
Helen V. Gochenour, Clerk
Lawrence D. Consalvos, Member
78
Wednesday, July 9, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. Received pay request partial payment #1 in the amount of
$38,756.75 from Land Excavating for Res. 420-86, "Miami
Village Storm Sewer Separation, Phase II".
Approved and forwarded to City Utiliij
to be charged to Work Order 73090. *'
2. Received Partial Payment #10 from Hydrostorage, Inc.
for work performed on CM Elevated Water Tank,
Contract 85-W-3 in the amount of $50,711.00
with $2,669.00 to be deposited in escrow.
3. Received invoice from McNamee, Porter S Seeley
in the amount of $5,440.28 for services rendered
on Water Treatment Pilot Plant per their agreement
dated April 2, 1986.
4. Received invoice in the amount of $4,649.01 from
Tomco Construction Company, Inc. for work completed
on Paraplegic Ramps - Miscellaneous Construction.
5. Received invoice #1 in the amount of $22,824.54
from Henry Gaines Construction Co., Inc. for
work performed on Resolution 6037-86, Pontiac
Place '86.
Approved and forwarded to City Utilit;.
Accounting and charged to Work Order
63755.
Approved and forwarded to City Utilitj.^
Accounting.
Approved and paid from Civil City.
Approved and forwarded to CD5P Acctg.
Received final invoice in the amount of $608.32
for work completed on Hanna-Creighton NSA, Ph. IV,
Res. 6022-85 from Gaines Const. Co. Inc.
Approved and forwarded to CDliP Acc
Received petition for investigation of sanitary
sewer improvement on Westbury Drive from Engle
Road to Ardmore Avenue.
Approved and forwarded to WPC Eng.
for their investigation. B. 0.
135-86 issued.
Received petition for service of city sewer
on 6024 Wayne Trace - 3 acres from
Mary E. Mattingly.
Approved and forwarded to WPC Eng.
for their investigation. B, 0.
136-86 issued.
9. Received petition for alley light on 1307 Grant
Avenue from Winch to railroad.
10. Received Change Order No. 1 for Lathrop Street
Storm Sewer - Resolution 403-1984 increasing
amount of $7,398.43 changing contract amount
to $91,305.18. Dailey Asphalt § Const. Company
is the contractor.
Approved and forwarded to Street
Lighting for their investigation.
L. 0. 5349 assigned.
Approved and forwarded to Common
Council for their approval on
June 23, 1986.
7/8/86** Received Emergency Resolution regarding pavement Approved and P. 0. issued to lowest
blow-up in the 5200 block of North Clinton Street. bidder - Mergy Const, in the a"™"' ,
Resolution No. 76-78-1 adopted. of $3,315.25. Copy herein incorpora
79
11. Received Change Order No. 3 (Final)
for Southwest Pump Station - Contract
85-W-2, in the amount of $1,087.36
increasing the contract amount to
$671,657.80. The contractor is The
Robert Henry Corporation.
12. Received two applications for taxi
driver's licenses.
Approved and forwarded to Common Council
on June 23, 1986.
One applicant recommended for applival
and one recommended for denial .
^Cosette R. Simon ,\yember
I
ATTEST: ^
Helen V. Gochenour, Clerk
Lawrence D. Consalvos, Member
Thursday, July 10, 1986
Department of Public Works fj Safety
Office of the Board
Room 910, City-County Building
Hearing held at 3:30 p.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk ACTION
PRELIMINARY HEARING No action taken. Hearing
continued. Remonstrance period
Resolution 902-1986 up July 21, 1986, at 5:00 p.m.
Martin Luther Drive Sanitary Sewer Extension
Hearing adjourned at 4:00 p.m.
81
Wednesday, July 16, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Wheatridge Addition - Sec. I
Ornamental Street Lighting
Res. 180-86
JOHN DEHNER
N. G. GILBERT
T-F CONST. CON.
THE WEIKEL LINE CO.
Engineer's Estimate
$33,527.85
38,728.00
39,737.20
26,726.15
32,726.15
Received Agreement for Board's execution by and
between City of Fort Wayne and Indiana S Michigan,
Electric Tariff for Southwest Pump Station.
Received Invoice #464 in the amount of $995.23
from Tank Industry Consultants, Inc. for in-
spection services on GM Elevated Tank - Div. W-3,
Contract 85-W-3.
Award Contract Wednesday July 23, 1986.
Approved and copy herein incorporated.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 63755.
Received pay request #10 from The Robert Henry
Corporation in the amount of $1,087.36 for
work performed on Southwest Pump Station - Con-
tract 85-W-2. Also $54.37 is to be deposited
into escrow account - The First Source Bank,
South Bend, IN.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 43758.
Received claim for crop damages submitted by
Maxine L. Somers, 1575 William Wells Circle,
Bluffton, IN 46714, for GM Project, Div. Ill,
Contract 85-XP-4. This is in the amount of
$225.00.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 63761.
Received Partial Payment #3 and Certificate of
Claim dated July 10, 1986, from Hipskind Concrete
Corp., in the amount of $3,903.44, for work on
Corline-Monterey Water Contract 85-01.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 63774.
7. Received pay request from Optimization Study at
Three Rivers Water Filtration Plant in accor-
dance with the Contract between the City and
McNamee, Porter § Seeley in the amount of
$6,390.00.
8. Received pay request from Earth Construction Co.
Inc. dated June 30, 1986 in the amount of
$32,140.28 per Purchase Order No. A-45055.
Also $1,691.59 to be placed into escrow account
#40-716-003 at Fort Wayne National Bank.
9. Received vacation of dedicated plat for Olympia
Heights. Anthony Wayne Bank is the petitioner.
Approved and forwarded to City Utilities
Accounting to be charged to said contract.
Approved and paid from Civil City
Accounting.
Approved and Resolution 76-81-10 assigned.
82
10.
11.
12.
13.
14.
15.
Received the following invoices from City
Utilities.
LOC 0005
Approved and paid from the
Local Road and Street Acct.
St. Joe Road Invoice 605 T 523 $1,530.00
LOC 0017
Bluffton Road
606 T 664 8,355.00
9,885.00
Received invoice from Wayne Asphalt 5 Const.
Company in the amount of $500.00 which
represents the release of retainage funds
held during the winter months for Res. 6029-85
Asphalt Resurfacing (2nd batch).
Received release of Retention in escrow
in the amount of $35,679.42 for Water
Contract 85-XP-4 from T-G Excavating.
Also $1,595.17 to be returned to City
Utilities.
Received Change Order #1 and Final for
Contract 85-XP-4 for Ardmore Avenue Water
Main - T-G Excavating, Contractor, increas-
ing amount $1,184.28. New contract amount
is $67,985.28.
Received Change Order #1 and Final for
Contract 85-XP-l, 30" Indianapolis Road
Div. II Feeder Main, decreasing amount of
$4,707.16. T-G Excavating, Inc. is the
contractor. The new contract amount is
$683,310.01.
Received recommendation from Water Eng.
Department that we accept Water Contract
85-XP-4 - 30" Indianapolis Road Div. 2
Feeder Main as part of the City's Water
System.
Approved and paid from Civil
City.
Approved and authorization of paynem
sent to Anthony Wayne Bank for both
releases.
Approved and forwarded to Common
Council July 22, 1986.
Approved and forwarded to Common
Council July 22, 1986.
Approved and acceptance letter writtti
to T-G Excavating, Inc.
16. Received Encroachment Report from Donald fi
Ethel E. Meyer, 331 Nussbaum Avenue. En-
croachment is located at 3414 N. Clinton
Street .
17. Received Encroachment Report from Old HBC
Corporation 135 W. Columbia Street for
encroachment on Harrison St.
18. Received Bid Analysis Sheet on Emergency
Invitational Bid for Res. 6051-86, Clinton
Street Jersey Barrier. Street Engineering
Department recommended contract be awarded
to Hipskind Concrete, the lowest bidder.
19. Received Easement for Gas Mains from
Northern Indiana Public Service Company
for right of way to a point on the
Northerly right-of-way line of US High-
way 30. (I.U. - P.U. to Coliseum Blvd. ROW)
20. Received Notice of Water Main Extension -
Contract No. 85-XP-l, Moeller-Meyer Road
Feeder Main, B.O. 156-84, W. 0. 63695.
21. Received recommendation from Water Eng.
regarding construction of water main on
4100 block of Ardmore.
Approved .
Approved.
Approved and Purchase Order in the
amount of $37,738.25 issued to
Hipskind Concrete.
Approved. Copy forwarded to NIPSCO
for their recording. Copy herein
incorporated.
Approved and forwarded to Water
Engineering for them to record.
Approved and ordered Water Eng.
to proceed.
85
23.
24.
25.
26.
27.
Received request for permission to operate a sidewalk
cafe during the 3-Rivers Festival . from M. Kyle Chen
908 S. Calhoun Street, Ft. Wayne, IN. '
Received petition for sanitary sewer to accept eng.
drawings to establish a resolution for Cook Road
Sanitary Sewer Extension - A. F. Smith Subdivision,
from Shawnee Middle School to 100+ LF W of Lot A.
Received recoimnendation for authorization of payment
from WPC Eng. for Southwest Interceptor Phase VII,
Res. 407-85, John Dehner, Inc. Contractor. This
release was in the amount of $6,828.15.
Received recommendation from Water Engineering Dept.
that we accept Lincoln Village, Sec. I, Contract
8606 as part of the City's Water System.
Received recommendation from WaterEngineering Dept.
that we accept Concord Hills, Sec. II,
Water Contract No. 8610, as part of the City's
Water System.
Received recommendation that we accept five
taxi applications and reject two.
Received the following driveway permits.
R-124-86/4322 Stoney Run/Ron Bresette
R-126-86/6222 Kiwanis Dr . /Delegrange Homes
R-127-86/6228 Kiwanis Dr. /Delegrange Homes
R-128-86/7712 Bridgewater Dr. /Triple R Const.
R-129-86/3404 Clermont Ave. /Frank Hamilton
C-54-86/2803 Maplecrest Rd. /Trans Am Development
C-50-86/3217 E. Washington Blvd./Exner Const.
R-52-86/232 E. Pettit/Hill Excavating
C-56-86/6203 Fairf ield/Harold McComb
C-S5-86/3714 Lake Ave. /Fox Constracting
R-135-86/3503 Courtwood/ Robert Houser
Approved with conditions
that were listed.
Approved and B. 0. 142-86 issued.
Approved and authorization of
payment forwarded to Lincoln
National Bank § Trust.
Approved and letter of acceptance
written to Geiger Developing.
Approved and letter of acceptance
written to Scheidleman Excavating.
Approved.
Approved .
David J. Kiester, Member
idwrence D. Consalvos, Member
Cosette R. Simon, Member
IEST:\ ^4Jl
Helen V. Gochenour, Clerk
Monday, July 21, 1986
Department of Public Works (, Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. EMERGENCY RESOLUTION 76-84-1
Received for Board approval emergency
resolution whereas a pavement blow-up
of S. Anthony Blvd.
2. EMERGENCY RESOLUTION 76-84-2
Received for Board approval emergency
resolution whereas a pavement blow-up
occured in 900 block of E. Paulding Rd.
Copy herein incorporated.
Approved and Emergency P. 0. A-48306
issued to Three Rivers Barricade 5 Equips
for barricades and P. 0. to Mergy Const (
Inc. for the lowest bid in the amount of
$2,730.91. The P.O. # is A-48330S.
Approved and Emergency P. 0. A-48340
issued to Three Rivers Barricade f, Equipm
for barricades and P. 0. issued to Mergy
Const. Co., Inc. in the amount of
$3,536.80, #A-48339. Copy herein in-
corporated.
Meetine^djourned at 9:10 a.m
David J. Kiestf^r, Member
ATTEST :\^
Helen V. Gochenour
Cosette R. Simon, Member
Lawrence D. Consalvos, Membe
, Clerk
85
Wednesday, July 23, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L, D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Courtyards Sanitary 5 Storm Sewer
Res. 422-1986
Tentative Award Wed. 7/30/86.
Base Alt.
BERCOT, INC. 187,405.00 146,135.00
JOHN DEHNER 183,615.25 139,445.25
FLEMING EXCAVATING 142,634.50 92,134.50
T-G EXCAVATING 209,082.62 159,804.62
Engineer's Estimate $150,000.00
2. AWARD CONTRACT
Received recommendation and tabulation from
Street Lighting for IVheatridge Addition -
Sec. I, Res. 180-86.
3. Received invoice from M. A. Gaines Const. Co.
in the amount of $17,418.69 for work performed
on Res. 6039-86, Hoagland/Masterson NPI'86.
4. AWARD CONTRACT - West Main Street Fire Station.
5. Received recommendation from WPC Engineering
regarding Res. 895-85 - Illinois Road Sanitary
Sewer Improvement.
Awarded to Weikel Line Co., Inc. in
the amount of $26,726.15
Prior Approval requested August 5, 1986
from Common Council.
Approved and ordered payment from CDSP Acctg
to be charged to Appr. #l-72-008-HMC-24-431 .
per Purchase Order A-47809.
Taken under advisement.
Sent board order authorizing WPC to
proceed with proceed for Illinois Road
portion only. Reckeweg Road will not
be done.
Received invoice #00491 dated July 15, 1986,
from Tank Industry Consultants, Inc. for
inspection services performed at the Redwood-
Chestnut Tank, Contract 8S-XP-4, in the amount
of $930.00.
Approved and forwarded to City Utilities
to be charged to W. 0. 63782.
Received Invoice #11 from Howard, Needles,
Tammen 5 Bergendoff for evaluation services
related to the evaluation of centrifuges
for sludge thickening.
Approved and forwarded to City Utilities
per agreement of March 12, 1986.
Received final invoice dated 5/30/86 in
the amount of $7,261.96 for work completed
on Res. 6036-86 - Maumee River Bank Restoration
from T f, G Excavating.
Received June 1986 EMA invoico for Engineering
Services on Computerization Project at the WPC
Plant in the amount of $24,627.66.
Approved and forwarded to City Utilities
to be paid from Appropriation #5-13-523-W-10-74'
-431 per P. 0. A-45998.
Approved and forwarded to City Utilities for
payment .
10. Received invoice from Hipskind Concrete Corp.
(final) in the amount of $3,267.93 for work
completed on Resolution 6035-85, Spy Run NSA
'85.
Approved and forwarded to CDf,P Accounting.
11. EMERGENCY RESOLUTION #76-86-11
Received emergency resolution for board approval
whereas, a pavement blow-up occurred in the 6600
block of North Clinton.
12. Received invoice from Clyde E. Williams §
Associates dated 6/30/86 in the amount of
$19,575.00 for roadway lighting engineering
services per agreement dated 3/12/86.
Copy herein incorporated.
Approved and Emergency P. 0. issued to
Three Rivers Barricade S Equipment Co
#A-48353 for barricades and P. 0. A-484U
issued to Mergy Const. Co., Inc. in th
amount of $9,193.05. ' ^
Approved and charged to LR6S #0045.
13.. Received Street Engineering Invoices
for CD5P projects from 3/30/86 thru
7/5/86 totaling $4,705.86.
Approved and forwarded to CD§P for
payment.
14. Received Invoice IC-2463 from Clyde E. Williams
S Associates dated in the amount of $19,575.00
for roadway lighting engineering services per
agreement dated 3/12/86.
Approved and paid from account
#138-972-0045-4431.
IS. Received letter from Mrs. Tillotson, 3016
Lincolndale Avenue requesting extension of
time to connect to public sewer until
September 4, 1986.
Approved and letter written to
Mrs. Tillotson.
16. Received three bus hut locations as submitted
by Mr. David Brubaker, President of Bus Huts,
Inc. Recommendation by Walt Stout, Traffic Eng.
is as follows:
Location #1 - 2900 bl. Fairfield Ave. - Approved as drawn.
Location #2 - 3000 bl. North Clinton - Not approved as
drawn. The Bus Hut should be set back an
additional five feet to the east for ade-
quate site distance for westbound Dunwood
Drive traffic.
Location #3 - Times Corners Parking Lot off of W.
Jefferson Boulevard - Approved as drawn.
17. Received copies of revised contracts between the Approved and copies herein incorporated.
Arnold Group and the Ft . Wayne Board of Works
regarding Utility Consumer Regulatory Affairs and
State Legislative Affairs, The terms of both
agreementsshall be from July 1, 1986 to June 30,
1987. The total compensation payable under Agreement
for Utility Consumer Regulatory Affairs shall be
$12,000.00 and compensation payable under State
Legislative Affairs $6,000.00.
18. Received Water Contract No. 8617, Arlington Park, Approved.
Section 17, between Arlinton Park, Sec. 17 Corp
and Fort Wayne Water Utility.
19. Received Sewer Construction Permit for Georgetowne Approved and B. 0. 171-86 issued.
Place Apartments Sanitary Sewer from Shive Nursing
Homes, Inc.
20. Received Change Order #1 (FINAL) for Corline- Approved and forwarded to Common
Monteray NPI Water Contract 85-01 increasing Council August 12, 1986.
contract amount $2,297.05. New Contract amount
is $91,178.10. Hipskind Concrete is the con-
tractor .
21. Received Emergency Improvement Resolution #6052-86 Approved and copy herein incorporated,
whereas Board deemed necessary to improve S. Clinton
Street from Rudisill Avenue to McKinnie Street by
construction new curbface walk, driveway/alley
approaches .
22. Received the following driveway applications:
Approved .
R-131-86/3222 Chancellor/Jack McComb
R-132-86/2024 Poinsette/Robert Houser
R-133-86/2720 Engle Rd. /Ronald Tucker
R-134-86/1804 Frenchmans Crossing/Windsor, Inc.
R-136-86/966 E. Cook Rd./Star Builders
R-13S-86/2410 Knollwood Ct. /Carriage Place Homes
R-139-86/2404 Knollwood Dr. /Carriage Place Homes
R-140-86/7030 Ordway Dr. /Carriage Place Homes
R-141-86/6915 Ordway Dr. /Carriage Place Homes
R-142-86/2531 Knollridge Dr. /Carriage Place Homes
R-143-86/Hillock Ct. /Carriage Place Homes
R-144-86/2404 Hillock/Carriage Place Homes
R-145-86/2410 Hillock Ct. /Carriage Place Homes
R-146/86/2625 Knollridge Dr. /Carriage Place Homes
R-147-86/2631 Knollridge Dr. /Carriage Place Homes
R-148-86/2616 Knollridge Dr. /Carriage Place Homes
R-149-86/2610 Knollridge Dr. /Carriage Place Homes
R-150 -86/2709 Mounded Ct. /Carriage Place Homes
R-151-86/2614 Mounded Ct. /Carriage Place Homes
R-152-86/2525 Knollridge/Carriage Place Homes
R-153-86/7022 Ordway/ Carriage Place Homes
P-30-85 Revised/734 W. Washington/Alan Gradeless
P-53-86/Evard Rd. /Cardinal Industries
C-39-86/734 W. Washington/Alan Gradeless
C-57-86/6310 Illinois Rd. /Douglass Const. Co., Inc.
Wednesday, July 30, 1986
Department of Public Works fi Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Resolution 181-£
6.
Maintenance Contract for
Street Lighting
67.00 50.50
50.00 40.00
N. G. Gilbert $317.50
T § F Const. Co. 315.00
2. AWARD CONTRACT
West Main Street Fire Station #7
3. AWARD CONTRACT
Received recommendation and tabulation from
WPC Engineering for Res. 422-86 - Courtyards
Sanitary § Storm Sewer.
Received partial payment
$208,869.37 from Fleming
performed on Summit Park
EDA Grant No. 06-01-02027
Account in the amount of
issued to Decatur Bank S
Board to execute a releas'
Fleming Ex., Inc. in the
which represents substant
work for Phases I, II, II
#13 in the amount of
Excavating for v<ork
- Res. 74-150-2,
Further Escrow
$23,207.71 to be
Trust Company,
e of escrow funds to
amount of $56,356.67
ial completion of
I 5 V.
Received partial payment #10 6 final in the
amount of $29,749.82 from Bercot, Inc. for
Res. 395-83, Rehabilitation of Sewers, SSES
Subsystems OS, ES, CS, KS, Federal Grant #
C-180775-02. Further $3,305.53 to be deposited
in Summit Bank, Escrow Agent.
Received Sewer Construction Permit from
Z. K. Tazian § Associates for Lafayette
Center Road - Complete Auto Transit (GM
portion) .
Received invoice from McNamee, Porter 5 Seeley
services rendered in connection with the Water
Treatment Pilot Plant in accordance with the
agreement between City and Engineer dated
4/2/86.
Received invoice from ARE, Inc. #5 for
professional services rendered for City
for Pavement Management System in the
amount of $3,367.75.
107.50 165.00 136.50 58.00
106.00 144.00 113.00 50.00
Awarded to the best and highest bidder
Jim § Diana Miller
1804 W. Main St.
Ft. Wayne, IN 46802
Amount $30,000.
Not awarded at this time.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 72861.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 79082.
Approved and Board Order #174-86 issued.
Approved and forwarded to City Utilities
Accounting for payment.
Approved and paid from LR5S Funds.
89
9. Received final invoice in the amount of $1,440.00
from Hipskind Concrete for the retainage held on
Fairfield NSA, Phase I, Res. #6031-85.
]^0_ Received invoice from Brooks Construction Co.,
Inc. for Res. 6025-85, C.B.D. Resurfacing
Project in the amount of $2,410.20.
11. Received invoice in the amount of $2,730.91 for
the work completed on Res. 76-84-1 - Pavement
Blow-up at 5717 S. Anthony from Mergy Const.
Inc .
Approved and forwarded to CDSP Accounting
to be paid from Appropriation #1-95-008-
FFC-14-431.
Approved and paid from Appropriation No.
1-38-972-LRE-S4-431 per P. 0. #A-45257.
Approved and payment made as per P. 0.
#A-48305.
12. Received invoice from Mergy Construction Inc.
in the amount of $3,536.80 for work completed
on Emergency Resolution No. 76-84-2, Pavement
Blow-up at 909 Paulding Road.
13. Received Invoice #4 in the amount of $12,071.92
from Hipskind -Concrete for Work completed on
Michigan Ave. '86, Res. 6042-86, Base Bid.
14. Received invoice from Wayne Asphalt § Const.
Co., Inc. in the amount of $477.58 for the
work completed for the City on the Bluffton Rd.
proj ect .
15. Received Invoice #2 in the amount of $14,355.76
from Hipskind Concrete Corporation for work
performed on Michigan Ave. '86 - Res. 6042-86,
Alternate I.
Approved and payment made as per P. 0.
#A-48339.
Approved and forwarded to CD&P Accounting
to be charged to Appropriation No.
1-72-008-MIC-24-431 per P. 0. Z-47632.
Approved and paid from Appropriation #
LRS-13897200174431.
Approved and forwarded to CD§P Accounting
to be charged to Appropriation No.
1-72-008-MIC-24-431.
16. Received partial payment #7 in the amount of
$1,070.00 from Owens Russell Associates for
engineering services on Southwest Interceptor
S-2, Res. #407-85, Phases 1 thru V.
17. Received Light Order and Board Order Invoices
as follows.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 72855.
Approved.
L. 0. 5318 $284.65
0. Ludwig Park Area
0. 66-84 Victoria Sq.Area
0. 60-84 Westwood Valley I
0. 57-85 Fox Point Trail
0. 52-82 Kirkwood Area
$4,206.79
13,786.48
3,096.16
1,082.38
2,098.79
24,270.60
Received Invoices from HNTB - Archonics as
fol lows :
Forwarded to Jim Haley of Controller's
office for payment.
Invoice #4 $2,400.00
Invoice #5 1,500.00
Invoice #6 1,700.00*
♦includes credit for deposit
Total outstanding
$2,200.00
19. Received Sewer Construction Permit for Longwood
Section 6 Sanitary Sewer from Oakmont Development
Company.
20. Received for Board approval Resolution 900-1986
"Preliminary", Eastland Gardens-Woodland Acres-
Stinson Subdivision. The resolution incorporates
Barrett Bonding for the benefited property owners
and the City's share through CFW Bond Issue for
1986.
Approved and Board Order 176-86 issued.
Approved and adopted. Advertisement Notice
to Property Owners August 1, with Public
Hearing to be held on August 14, 1986 at
3:30 p.m. Copy herein incorporated.
21. Received from Bonar § Associates, Inc. contract
for additional engineering, inspection, and other
services to cover additional phase of work on
Southwest Reservoir Div. W-1.
Approved and copy herein incorporated
22. Received Letter of Agreement submitted by Shambaugh
§ Son on behalf of Fort Wayne Pools, Inc. for
execution by the Board for Easement Waiver.
Approved and forwarded to Water Eno
Department for their distribution.
23. Received Change Order for Res. 6025-85, CBD Re-
surfacing,decreasing contract price $70,893.36
changing contract amount to $231,225.64.
24. Received Change Order #1 for Res. 76-78-1, Pave-
ment Blow-up in 5200 block N. Clinton from Mergy
Construction Co., Inc. in the amount of $4,282.75,
' increasing price to $7,598.00.
25. Received permit for GeorgeTown Addn. Sec. I § II
San. 5 Storm Sewer from Zohrab K. Tazian. The
area connection fees for the sanitary sewer shall
be set at $700.00 per acre for said development and
there are no storm sewer assessments due the City,
26. Received Subagreement Number 3 for Board review
and approval. This subagreement adds the A.R.E.
pavement management system/IMS coordination and
Street Lighting and Traffic system designs to
original agreement from Camp, Dress^ $ McKee.
Lump sum is $77,500. ^
27. Received Contract for Engineering Services from
Howard, Needles, Tammen § Bergendoff to proceed
with design on the modifications to the digester
. facilities. The proposed work is as detailed in
the Master Plan Up-date. Cost not to exceed
$84,600.
Approved and forwarded to Common
Council on August 12, 1986.
Approved and forwarded to Common
Council on August 12, 1986.
Approved. B. 0. 175-76 issued.
Approved. Copy herein incorporated.
Approved. Copy herein incorporated.
28. Received for Board adoption and approval Illinois
Road Sanitary Sewer Extension "Amended" -
Construction" Res. 895-1985.
Approved and adopted.
29. Received for Board approval Water Contract 8613
for Cook Road 5 Industrial Park between Mark P.
Shambaugh and the City of Fort Wayne.
30. Received Special Street Permit for Opportunity
Drive from Mark Shambaugh.
31. Received petition from Paul and Sharon Beam
for repair and replacement of curbs.
32. Received petition for drainage at Airline
Drive and Premiere Drive - Avalon Missionary
Church.
Approved.
Approved and forwarded to Street Department
for their handling.
Approved and forwarded to Street Eng. for
their investigation - B. 0. 178-86.
Approved and forwarded to WPC Eng. for
their investigation - B. 0. 179-86.
33. Received seven applications for taxi cabs.
David J. Kiesl^fer, Member
ATTES
Helen V. Gochenour, Clerk
Cosette R. Simon, Member
rajjirence D. Consalvos, Merabei
r
91
Friday, August 1, 1986
Department of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V, Gochenour, Clerk
1. Received "Industrial Road-Ley Road Storm Sewer
Improvement Project'.' Amended Resolution 413-85
"Construction" .
Approved and adopted. Copy herein incorporated .
Advertisement Notice to Property Owners Published
August 4, 1986 with Hearing date set Monday,
August 18, 1986 at 3:30 p.m.
I
( *
David J. Kiestewy Member
Cosette R. Simon, Member
, -\ / 1 Lawrence D. Consalvos, Member
AttestVX^^^^,/^^ ^ ^
Helen V. Gochenour, Clerk
36.
86.
86
I
Wednesday, August 6, 1986
Department of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
AWARD CONTRACT
Street Lighting Resolution 181-86
Maintenance and Unit Price Contract for
City of Fort Wayne, Indiana and City
Utilities
Approved and awarded to T § F Const
Company in the amount of $250,000
for first year.
Received request for vacation of River Run
Trail - petitioner Woodbridge Apartments
of Fort Wayne II.
Approved. Res. 76-92-2 assigned.
Received request of vacation of portion of
street - Lot 10 Wheatridge - Petitioner
Tezheeb H. Jafri.
Approved. Res. 76-92-3 assigned.
Received request for vacation of utility
easement - 7' easement running along the
east side of Lot 84, Sec. II of Papermill
Bluffs - Petioner Craig Shoda.
As a result of negotiations by the City
Land Acquisition Officer, Fred McCulloch,
received pay request in the amount of
$850.00 payable to Sandpoint Greenhouse,
Inc. for damages of Foley Property at
6336 Ferguson Road, Res. 408-85, Southwest
Interceptor.
Approved. Res. 76-92-4 assigned.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 72855,
Phase IV, Land Acquisition.
6. As a result of negotiations by the City
Land Acquisition Officer, Fred McCulloch,
received pay request in the amount of $359.75
payable to Sandpoint Greenhouse, Inc. for
damages of Longstreet Property, 10209 Cover-
dale Road,. Res. 408-85, Southwest Interceptor.
7. As a result of negotiations by the City
Land Acquisition Officer, Fred McCulloc,
received pay request in the amount of
$220.00 payable to Sandpoint Greenhouse,
Inc. for damages at Bailey Property,
12609 Indianapolis Road, Res. 408-85, South-
west Interceptor.
8. Received Invoice #2055 from Clyde E. Williams
5 Associates for engineering charges related
to the "Re-Route" or portions of the water
main to the CM Facility in the amount of
$7,734.54.
9. Received invoice in the amount of $1,875.00
from the Arnold Group, 310 N. Alabama Street,
Indianapolis, IN for services for Special
Consultant .
10. Received final invoice from Mergy Const. Inc.
for work completed on Blow-up at 6600 N. Clinton
Street, Emergency Res. 76-86-11 in the amount
of $8,970.00.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 72855,
Phase IV, Land Acquisition.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 72855,
Phase IV, Land Acquisition.
Approved and forwarded to City Utilities
Accounting to be charged to K. 0. 63692.
Approved and charged to said contract.
Forwarded to City Utilities Accounting.
Approved and paid from Civil City Misc
Funds .
i
93
11. Received pay request and final invoice from
Natgun, Inc. for work performed on Water Contract
#85-W-l, Southwest Reservoir, Div. 1, Ferguson §
Smith Road, in the amount of $20,509.90.
12. Received pay request from City Utilities in the
amount of $45,997.32 for reimbursement for Res.
6021-85, Maplecrest Storm Extension.
13. Received Change Order #1 for Res. 6049-86,
Parnell Avenue Widening, M. A. Gaines Const.
Company, increasing amount of contract by
$1,652.00.
Approved and forwarded to City Utilities
to be charged to W. 0. 63757.
Also acceptance letter written to
Natgun, Inc.
Approved and Civil City reimbursed
City Utilities from Storm Relief
Sewer Funds .
Approved and forwarded to Common
Council August 12, 1986.
ma
d
14. Received Change Order #2 for Res. 6021-85,
Maplecrest Road Extension, Earth Construction
Company, Inc., Contractor, increasing amount
of contract by $59,926.25.
Approved and forwarded to Common
Council August 12, 1986.
15. Received pay request from Dailey Asphalt
Products Co. in the amount of $18573.37.
for work performed on Res. #6019-85, Beacon
Street from Lake Avenue to State Blvd.
Approved and paid from R.irrett
Law Funds - City Controller's Office.
16. Received Construction Resolution for the Law-
rence Drain Storm Sewer Improvement, Phases
I § II - Res. 425-86.
Approved and adopted. Copy herein in-
corporated. Advertise Notice to Con-
tractors August 22 5 August 29,1986
with date to receive bids Sept. 10, 1986.
17. Received Agreement for Professional Engineering
Services during construction phase of East
State Blvd. project from Bonar § Associates, Inc.
Approved. Copy herein incorporated.
18. Received Revised Proposal for Engineering Services
for Work at Three Rivers Filtration Plant from
McNamee, Porter § Seeley.
Approved. Copy herein incorporated.
19. Received "Preliminary" Resolution for San.
Sewers - East Cook Road - A.F. Smith's Sub-
division - Res. 903-86.
Approved. Copy herein incorporated.
Advertise Notice to Property Owners
Aug. 8 with Public Hearing August
28, 1986 at 3:30 p.m.
20. Received Construction Resolution for drainage
repair - "Pierson Ditch-Lagoon Levee" Res.
423-1986- for board's adoption.
Approved and adopted. Copy herein in-
corporated. Advertise Notice to Con-
tractors August 8 § 15, 1986 with date
to receive bids August 27, 1986.
21. Received Agreement for engineering and other
technical services as needed basis, for
General Architectural, Engineering 6 Planning
Services Agreement from Howard Needles Tammen
fi Bergendoff.
Approved. Copy herein incorporated.
22. Received recommendation from Water Engineering
Department that we accept Woodland of Riverside,
Water Contract 7908 (Amended) for "Cove Court,
from River Run Trail Northward to its terminus."
23. Received Replat of Woodlands of Riverside
Lots 107 thru 118 submitted Wayne O'Brien/
CDSP.
24. Received petition for standard street lighting
on Philip Way between Inwood Drive and Glen-
cairn.
25. Received petition from Mrs. Robert Wagner
for repair and replacement of the sidewalk
at 4015 Old Mill Road.
26. Received petition for improvement of city
Street - Win Avenue.
Approved and acceptance letter written
to Woodland/Riverside Properties, Inc.
Approved and notified developer that
said plat was ready for recording.
Approved and forwarded to Street Lighting
for their investigation.
Approved and forwarded to Street Eng.
Department for their investigation.
B. 0. 183-86 issued.
Approved and forwarded to Street Eng.
Department for their investigation.
B. 0. 184-86 issued.
22,
Had discussion regarding Indiana Die Molding, which
is located on Front Street, which runs north off of
Wallen Road, and west of State Road #3. Water Eng.
recommended that Economic Development explore sources
of money outside of Utility Funds to help pay for
request for water extension.
Board approved recommendation and
Economic Development to explore
financing methods.
Received proposed agreement between Parkview Memorial
Hospital, Inc. and the City for permission to make
limited use of the streets between its main hospital
campus and itshealth center, such improvements to be
made at the Hospital's sole expense, along and on
Hobson Street and Forest Avenue.
Approved and herein incorporated
Resolution adopted regarding same.
Eastland Gardens discussion continued from
August 27, 1986.
Board approved adopted project.
Ordered WPC Engineering to proceed
with plans and specifications.
95
Wednesday, August 13, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. Received pay request from T-G Excavating (#4)
in the amount of $7,763.12 for St. Joe Pump
Station Elimination - Resolution #402-84. Also
release of retainage requested in the amount of
$4,401.17 from Anthony Wayne Bank.
Approved and forwarded to City Utilities Accounting
to be charged to W. 0. 72786. Retainage released
from Anthony Wayne Bank.
2. Received Completion Affidavit from Douglas N. Approved and acceptance letter written
Higgins for Water Contract 85-XP-2 - CM Project, Release of escrow requested from Lincoln
plus Certification of Claim for the release National Bank,
of Escrow in the amount of $47,383.25.
3. Received partial payment #11 from Hydrostorage,
Inc. dated July 28, 1986, for work performed
on Cm Elevated Water Tank - Contract 85-W-3.
$18,367.84 to Hydrostorage and $966.73 to
Escrow - Ft. Wayne National Bank.
Approved and charged to W. 0. 63755.
Received invoice from Soil Testing Inc. in
the amount of $500.00 for the soil testing
dones on Maplecrest Road.
Approved and forwarded to Bob Ebert to be
paid from Civil City Funds.
Received invoice #3872 from Bonar § Associates,
Inc. dated July 22, 1986, in the amount of
$13,200.00 for professional services for
Project M-F 568 (3) Hobson Road - East State
Blvd. Intersection, for the period of 1/27/86
thru 7/13/86.
Approved and paid from LR5S #138-972-0026-4431.
Received City Utilities Invoices from Techni-
cal Services as follows:
Approved and paid from Local Road and Street
Account indicated out of Fund 138.
LOC 0017
Bluffton Road
Invoice 697E 227
$7,036.26
LOC 0017
Bluffton Road
Invoice 606T 710
4,627.50
fll,663.76
7. Received Construction Resolution for
Lafayette Center Road - Aboite Road,
424-1986. Gravity Sewer and Force Main
and Pump Station.
8. Received Water Line Extension, Newaygo
Rd./ Product ion Rd., 86-XP-6 for Board's
approval .
9. Received Wallen Rd./Coldwater Road Water
Extension Off site, 86-XP-4 for Board's
approval .
10. Received Improvement Resolution for Street
or Alley No. 6053-86 for the Improvement of
Planeview Drive from the south property
line of Council Drive to the north property
line of Heine Drive and Heine Drive from the
east property line of Planeview drive to the
west property line of Industrial Rd. by
constructing storm drainage, curbs and 8"
plain concrete or flexible pavement.
Approved and adopted. Copy herein incorporated.
Advertisement Notice to Contractors August 15
6 22, 1986 with date to receive bids September 3,
1986.
Approved. Notice to contractors August 15 5 22,
1986, with date to receive bids on September 3, '86.
Approved. Notice to contractors August 15 8 22,
1986, with date to receive bids on September 3, '86.
Approved and adopted. Copy herein incorporated.
Advertise Notice to Contractors Aug. 15 & 22,
1986, with date to receive bids on September 3, '86
11. Received Agreement between City and Schenkel 5 Shultz,
Architects/Engineers for design and planning of city de-
partmental executive offices on the ninth floor as well
as the design and planning on the ninth floor of the
City-County Building. Maximum amount $1500.00. Also
received invoice for $812.58.
Approved.
12.
Received invoice from Barlett Tree Company for
$39.80 due on Broadway Street Tree Replacement.
Approved and paid from Civil Ci
ty Funds
13.
Received petition for sidewalk in front of 1517
Spring Street from Charles E. Reece.
Approved and forwarded to Street Eng
for their investigation. B. 0. I86-81
issued .
14. Received petition for sidewalks § curbs at 1723
E. Wayne from Sports § Spirits.
Approved and forwarded to Street Eng
for their investigation. B.C. 187-86
issued .
15.
Received petition for the installation of a water
main to serve Lots 15 - 20 Gardendale Addition.
Approved and forwarded to Water Eng.
for their investigation. B.C. 188-8
issued.
16. Received two applications for taxi driver's permits.
17. Received the following driveway applications.
R-61-86/122 Trick Av./Taher Gilani
R-130-86/1307 Lynn Av. /Robert Barnes
R-1S4-86/6510 Bristol Rd. /Christine Stevens
R-15S-86/2820 Overlook Dr./WL Anderson
R-156-86/2308 S. Hanna St . /Elizabeth Essex
R-164-86/1131 Louisdale/Robt . Houser
R-165-86/3216 River Forest/Robert Houser
R-166-86/130S Nrmandale Dr. /Scott Lombard Real Estate
R-167-86/1304 Normandale Dr. /Scott Lombard Real Estate
R-170-86/S123 S. Webster/Emil Holliday
R-169-86/5906 Arlene/C5J Const.
R-160-86/3114 Dexter Dr. /George Helton
R-171-86/1524 Rapids Way/James Brunson
R-172-86/1512 Rapids Way/James Brunson
R-173-86/1212 Shoreview Dr. /Windsor Bldrs.
R-174-86/1612 Shoreview Dr. /Windsor Bldrs.
P-48-86/3501 Harris Rd. /Wayne Asphalt
P-5S-86/1226 S. Anthony
P-57-86/2705 Camino Ct. /Brooks Const.
P-59-86/1951 Griswald Dr. /Brooks Const.
P-61-86/2803 Maplecrest Rd. /Trans Am Dev.
Approved .
Approved.
R-175-86/7505 Bridgewater/Triple R. Const
R-176-86/7723 Tendall Ct. /Triple R. Const!
R-177-86/2826 Overlook Dr. /Scott Lombard ft
R-178-86/921 Valdosta/Masterpiece Homes
C-42-82/4620 Parnel 1/Brooks Const.
C-49-86/1226 S. Anthony/Asphalt 5 Drivewar:
C-60-86/3220 blk. Butler Rd./WL Anderson'
C-61-86/4301 Engle Rd. /Indiana Coatings
C-62/86/2705 Camino Ct. /Brooks Const.
C-63-86/3012 Independence Dr. /Brooks Const
C-64-86/430 W. Coliseum/Irmscher 6 Sons
C-6S-86/1951 Griswald/Brooks-Sentry Mgmt.
C-68-86/1718 E. Paulding/Mdargik Const.
P-39-86/4620 Parnell/Brooks Const.
P-51-86/N. E. Corner Superior § Van Buren
P-56-86/4301 Engle Rd./ Indiana Coatings
P-58-86/3012 Independence Dr. /Brooks
P-60-86/Ferguson Rd. /Brooks
P-62-86/SE Cook Rd. S Lima/Brooks
ATTEST :
£4L
en V. Goch^n'bur, Clerk
Cosette R. Simon, Member
'ember
Thursday, August 14, 1986
Department of Public Works § Safety
Office of the Board
Room 126, City-County Building
Hearing held at 3:30 p.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. PUBLIC HEARING - NOTICE TO PROPERTY OWNERS Confirmed. Advertisement for bids
Illinois Road Sanitary Sewer Extension August 22, 1986 and 8/29,1986.
"Amended" - "Construction" Date to receive bids September 10th,
1986 at 9:00 a.m. Ordered WPC Eng.
to proceed with plans and specs.
2. PUBLIC HEARING - NOTICE TO PROPERTY OWNERS Continued to September 3, 1986.
Sewer Improvement Resolution 900-1096
"Preliminary"
Eastland Gardens, Woodland Acres fi Stinson
Subdivision.
Cosette R. Simon, Member
ATTEST
MONDAY, AUGUST 18, 1986
Department of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Hearing held at 3:30 p.m.
D. J. Kiester, Member
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk ACTION
1. PUBLIC HEARING Continued to September 3, 1986
NOTICE TO PROPERTY OWNERS
Industrial Road - Ley Road Storm Sewer Improvement
Amended "413-1985" "Construction:
Cosette R. Simon, Member
ATTEST: V
Helen V. GochenSur, Clerk
99
T
Wednesday, August 20, 1986
Department of Public Works § Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
D. J. Kiester, Member
C, R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1.
RECEIVE BIDS
Res. 86-XP-3
Clinton Park Water Contract
Award Contract 8/27/86
ALL STAR CONST.
$126,058
.65
BERCOT, INC.
193,201
.00
JOHN DEHNER, INC.
153,648
00
LAND, INC.
127,880
00
SCHEIDLEMAN EXC.
145,755
00
T-G EXCAVATING
143,489
75
Engineer's Estimate
100,861
28,725
00 Div. I Offsite
00 Div. II Onsite
Base
Base
Bid
Bid
RECEIVE BIDS
Res. 86-XP-5 - Ardmore
Ave. from Engle N. to
Westbury Drive
Award
ALL STAR CONST.
24,460
00
BERCOT, INC.
23,997
50
LAND, INC.
22,825
00
MILLER 5 ASSOC.
21,851.
12
SCHEIDLEMAN EXC.
29,780.
00
T-G EXCAVATING
25,523.
10
Engineer's Estimate
19,675.
00
Received partial payment #6 (Final) in the amount
of $65,835.50 from Bercot, Inc. for work performed
on Res. 408-1985 - Southwest Interceptor S-2, Ph.
II.
Approved and forwarded to City Utilities
to be charged to Work Order #72855.
Received partial payment *8 in the amount of
$7,948.33 from Land Excavating, Inc. for work
performed on Southwest Interceptor S-2, Res.
408-85, Phase IV. Also retainage monies in the
amount of $883.15 placed in escrow - Lincoln
National Bank.
Received invoice from Fleming Excavating in
the amount of $6,541.75 for work performed
on Southwest Interceptor S-2, Res. 408-85,
Phase III. Also release of escrow to be
released is $13,354.45
Received invoice #9 in the amount of
$58,291.45 for Maplecrest Road Extension
Res. 6021-85 from Earth Construction Co.,
and also $3,067.97 to be deposited at
Fort Wayne National Bank for Escrow.
Received invoice in the amount of $34,194.30
from Wayne Asphalt § Construction for work
performed on Res. 6045-86, Asphalt Resurfacing
First Package,
Approved and forwarded to City Utiliites
Accounting to be charged to Work Order
#72855.
Approved and forwarded to City Utilities
Accounting to be charged to Work Order
#72855.
Approved and forwarded to Bob Ebert,
to be paid from Civil City Funds as
per P. 0. A-45055.
Approved and paid from Civil City Funds.
100
8. Received invoice HI from Hipskind Concrete in the
amount of $26,060.31 for work performed on Emer-
gency Res. 6051-86 - Clinton Street from Leith to
Wildwood.
9. Received invoice in the amount of $24,656.39 from
Wayne Asphalt 5 Construction for work performed on
Res. 6047-86 - Asphalt Resurfacing 3rd package.
10. Received resolution that Cosette R. Simon be
hereby designated to be authorized signatory in
behalf of the City of Fort Wayne or any instruments
or documents pertaining to USEPA Grants.
11. Received pay request from Bonar (j Associates on CM
Plant Ground Storage Water Reservoir 6 Pumping
Station, Division W-1 in the amount of $16,943.05.
12. Received pay request of retainage withheld on
Miscellaneous Construction - Paraplegic Ramps,
City-County Bldg., § Freiman Square from Tomco
Construction, in the amount of $838.27.
j3 Received final invoice for retainage held on Res.
5989-83 Base Bid - Barr Street Improvements from
Dailey Asphalt Products Co., Inc. in the amount
of $706.80. ^
14. Received final invoice in the amount of $117.00
for retainage held on Res. 5989-83, Alternate II,
from Dailey Asphalt Products in the amount of
$117.00.
15. Received Invoice for July from E.M.A. for Engineering
Services on the Computerization of the WPC Plant in
the amount of $23,265.07.
Approved and forwarded to R
Ebert to be paid from Civii°
City Funds.
Approved and forwarded to Bob
Ebert to be paid from Civil
City Funds.
Approved and Resolution
76-97-10 assigned. Copy here,
incorporated. '
Approved and forwarded to Cit •
Utilities per their agreement'
for additional services
7/30/86.
signed
Approved and forwarded to
Bob Ebert to be paid from
Miscellaneous Const, funds.
Approved and forwarded to CD5P f
payment .
Approved and forwarded to CD5P f -
payment .
Approved and forwarded to City Otiii
Accounting to be charged to It. i
79083.
16. Received invoice dated July 21, 1986 from Pitometer
Associates in the amount of $5,250.00 for work
performed on Pitometer Survey - Master Plan Study.
17. Received Partial Payment Requests 1 and 2 from
All Star Construction and Excavating, Inc. in
the amount of $27,382.08 and $2,217.60 respectively
for work performed on West Jefferson Water Main
Extension, Contract 86-XP-2. Also received Completion
Affidavit .
Approved and forwarded to City [Itili
Account to be charged to K. 0.
63678.
Approved and forvrarded to City
Utilities Accounting to be charged
to Work Order 63903.
Received Invoice #P19803 from Treaty Company in
the amount of $736.10 for material supplied on the
Southwest Pump Station Project.
Approved and forwarded to City
Utilities Accounting to be de-
ducted from monies owed Robert
Henry Co. - W. 0. 63758.
19. Received City Utilities Invoices to be paid from
the Local Road § Street Account indicated out
of Fund 138 as follows:
Approved and forwarded to
Bob Ebert to be paid from
Civil City Funds.
LOG 0005
St. Joe Road
LOC 0017
Bluffton Road
Invoice 606T 709
Invoice 608T 790
$930.00
4,837.50
LOC 0044
Maplecrest Road Invoice 606T 665
450.00
6,217.50
20. Received invoice from Three Rivers Barricade fj
Equipment Co. in the amount of $545.12 for Pave-
ment Blow-up at 909 Paulding Road, Emergency
REs. 76-84-2.
21. Received invoice from Three Rivers Barricade §
Equipment Co. in the amount of $382.85 for Pave-
ment Blow-up at 5717 S. Anthony Street, Emergency
Res. 76-84-1.
Approved and paid from Civil
City per P. 0. A-48340.
Approved and paid from Civil
City Funds per P. 0- A48306.
101
22. Received invoice from Three Rivers Barricade g
Equipment Company in the amount of $281.40 for
work performed on Pavement Blow-up at 5200 N.
Clinton Street, Emregency Resolution 76-78-1.
23. Received invoice from Three Rivers Barricade 5
Equipment Company in the amount of $469.44 for
Pavement Blow-up at 6600 N. Clinton Street,
Emergency Resolution No. 76-86-11.
Approved and paid from Civil City
as per P. 0. A-S3750.
Approved and paid from Civil City
as per P. 0. A-483S3.
25.
Received Sewer Construction Permit from Macke
Development Corporation for Pine Valley Country
Club, 13th 5 14th Additions. Construction to
be performed by Hanks Construction Co., Inc.
Received Sewer Construction Permit from
Georgetown Car Wash, 6205 E. State Blvd.,
construction to be performed by Hamilton
Hunter Builders, Inc., 915 S. Lafayette St.
Fort Wayne, Indiana 46802.
Approved and forwarded to WPC Eng.
B. 0. 188-86 issued.
Approved and forwarded to WPC Eng.
B. 0. 189-86 issued.
26. Received Proposal from S. E. Johnson Company,
Contractors, Dailey Division, for Clinton Street
Project for Manhole Castings [cost $272.00 and
Water Valve Adjustable Castings ($115.00 Ea.)
Approved.
27. Received invoice from McNamee, Porter 5 Seeley,
Consulting Engineers in the amount of $12,088.76
in connection with the Fountain Improvements at
Fort Wayne, Indiana.
Approved and forwarded to City Utilities
Accounting in accordance with City's
letter of September 4, 1985.
This should be charged to Work Order
#63883.
28. Received Change Order for Res. 5989-83, Barr
Street Improvements - Base Bid -from L. W. Dailey,
Inc. decreasing amount of $2,874.52.
Approved and forwarded to Common
Council September 9, 1986.
29. Received Change Order #1 for Res. 5989-83,
Barr Street Improvements Alternate II, L. W.
Dailey, Inc., Contractor, in the amount of
$1,166.83.
30. Received Water Contract No. 8615 - Seneca Hills,
Sec. VI and VII between Affffordable Homes by
John Pelkington, Inc. and City.
Approved and forwarded to Common
Council September 9, 1986.
Approved and forwarded to Water
Engineering for their handling.
31. Received Improvement Resolution for Curb and
Sidewalk No. 6054-86, 1986 Bond Issue for
for improvement of Plaza Drive and Central Drive.
Approved and adopted. Copy herein
incorporated.
32. Received the following petitions.
Water - Wayne Trace to Fleming to Bueter Rd.
Curbing on Lot 34 § 35 E. of Clinton
Storm Sewer from McMillen Park.
33. Received Utility Agreements from I 5 M S
Comcast Cable for East State Blvd. from
700 feet W. of Hobson Rd. to 600 feet Bast
of Hobson Road. Also Utility Agreements
from NIPSCO and GTE.
34. Received request from Virgil L. Coble for sewer
extension,. 5003 Hatfield Rd., Ft. Wayne.
B.O. 190-86 issued. Sent to Water Eng.
B.C., 191-86 issued Sent to Street Eng.
B.O. 192-86 issued. Sent to WPC Eng.
Approved and copies herein incorporated.
Denied because it is was not hardship
case .
Meeting adjourned at 10:15 a.m.
ATTEST; ^A/fl
Lawrence D. Consalvos, Member
Helen V. Gochenour, Clerk
Thursday, August 21, 1986
Department of Public Works § Safety »
Office of the Board
Room 910, City-County Building
Hearing held at 9:00 a.m.
H. James Haley, Acting Director
Cosette S. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
I. Received Emergency Resolution 76-102-1 whereas. Approved and Emergency Res. No
as a result of moving the City scale to the Lafayette 76-102-1 adopted. Copy herein
Complex, the traffic flow of the heavy vehicles over incorporated.
the tank fills caused the concrete to collapse causing
damage to the tank fills. Board of Public Works
declared emergency and order Purchasing Department
to issue a P. 0. to Jack Hildebrand, in the amount
of $11,850.00 the lowest bid of two quotes..
103
Wednesday, August 27, 1986
Department of Public Works 5 Safety
Office of the Board
Room 910, City-County Building
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
I. RECEIVE BIDS
Res. 423-86 - Pierson Ditch-Lagoon Levee
SPEARS- DEHNER
T-G EXCAVATING
Engineer's Estimate
AWARD CONTRACT
57,224.60
52,524.00
45,000.00
Award Contract 9/3/86.
Received tabulation and recommendation from
Water Engineering for Res. 86-XP-3 - Clinton
Park Water Contract.
3. AWARD CONTRACT
Received tabulation and recommendation from
Water Engineering for Res. 86-XP-5 - Ardmore
Avenue from Engle N. to Westbury Drive.
4. Received pay request from Land Excavating,
partial payment #2 in the amount of $71,647.16
for Miami Village Storm Sewer Separation -
Res. 420-86.
5. Received invoice IC-1741 dated August 22, 1986,
from Clyde E. VVilliams § Associates for eng-
ineering services related to water main ex-
tension to the CM facility in the amount of
$2,987.02.
6. Received invoice No. 9355567 dated August 14,
in the amount of $11.00 from Emery Worldiiide
for Infrastructure Management System.
7. Received pay request from Bonar in the amount
of $326.88 for professional services pursuant
to contract dated 4/25/84, as amended 6/2/86.
8. Received Invoice No. 1 in the amount of $11,191.95
from M. A. Gaines Construction for Res. 6049-86
for Parnell Avenue Widening
9. Received Miscellenous Invitational Bid
for the following.
1) N.W. (, S.W. Corners - Calhoun § Paulding
2) N.E. Corner - Calhoun § Paulding (Corner Cut Back^
3) 4337-4343 Drury Lane - Remove and replace yard
walk § curb.
10- Received special street permit from Georgetoime
Place Development Corporation.
11. Received Sewer Construction Permit for Betty
Avenue Sanitary Sewer Lots 84 through 89 from
Woodstock 5 Company.
12. Received Sewer Construction Permit for Meadow-
brook Drive Sanitary Lot #26 from Mark McNeal,
Mel Graber, Contractor.
Will award at a later date
subject to receipt of State
Funding .
Awarded to Land Excavating, Inc. (2nd
in the amount of $22,825.00. lowest)
Miller & Associates (low bidder)
was rejected due to failure to
ccmply with compliance requirements.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0.
73090.
~7
Approved and forwarded to City
Utilities to be charged to
W. 0. 63692.
Approved and forwarded to City
Utilities to be charged to
W. 0. 63750.
Approved and forwarded to City Utilities
Accounting.
Approved and paid from Civil City.
Awarded to Mergy Construction Company
the lowest bidder. P. 0. to be issued
to Mergy in the amount of $4,936.50.
Approved. Board Order 194-86 issued.
Approved and B. 0. 195-86 issued.
Approved and B. 0. 196-86 issued.
13. Received Improvement Resolution for Sidewalk Approved and adopted. Copy herein
No. 6056-86 from Street Eng. (Bond Issue) incorporated.
14. Received the following petitions for street Approved and forwarded to Street Ltg.
lighting:
3808 Oak Park § 3816 Oak Park (between)
Westmoor Park Extended
Sanibel Acres (SW Quadrant r,i Ranchvsiood Addn.
15. Received petition for storm sewers on Dalgren Avenue.
16. Received petition for right of way amenities surround-
ing structure at corner of Webster and W. Berry St.
C229) W. Berry St.)
17. Received applications from four taxi driver applicants.
18. Eastland Gardens discussion.
19. Received recommendation from street lighting on
the following street light orders.
Approved and forwarded to WPC
for their investigation -Bo
197-86 issued. ' '
Approved and forwarded to Stre
Engineering to investigate.
Four approved.
Discussion continued.
L.O. 5351
L.O. S296
L.O. 5315
L.O. 5283
L.O. 5305
L.O. 5313
L.O. 5282
L.O. 5318
L.O. 5259
behind 1532 Rosemont Dr
Materials $75.00
Labor 75.00
Total 150.00
See light order 5283.
Avalon PI .
Versailles Vil. PI. [86 bond issue)
Wahama Dr. - included with B.O. 10-82
Cancel - no need for additional Itg.
Versailles Village - Done by City under private contract with developer
Victoria Sq. Apts. - B. 0. 66-84 assigned
request for ornamental Street Itg. B.O. 26-86 assigned.
B.O. 142-85 issued to do combination sidewalks, curbs 5 St. Itg. for Wabash Ave
Alley light of Richardsvi 1 le Ave. - assigned a B.O. 197-85
Alley light between Rosemont S W. State in 1500-1600 bl. - 1 lOOw H.P. alley light
L.O. 5253 - street lights 2400-25-- bl. of Princeton Dr. - 1 100 alum pole, lum f, lamp in front
of 2423 Princeton Ave. Materials $620.00, Labor 210.00. Total 230.00
L.O. 5253 - Hillside Ave. bet. 1900-2032 - Recommend installationof 3 150 w. H.P.S. lum and lamps on
Hillside Av. bet. Forest Av. § McDougal Av, - Mat. $1860.00 - Labor 660.00 - Total $2,520.00
L.O. 5247 - Butler Ct . - Recommend 7 pole, lum and lamps on Butler Ct.
Mat. $4372.00 - Labor 1620.00 - Total $5992.00
L.O. 5290 - St. light on Hensch St. bet. 2015 § 2118 - recommend 1 150 w. H.P.S. lum f, lamp in
front of 2102 Hensch St. - Mat. $ 630.00 - Labor 220.00 - Total $850.00
20.
21.
L.O. 5275 -Recommend the installation of 5 alum poles 5 5 lum and lamps on W. State between
N. Highland Blvd. S Edith Ave.
L.O. 5289 - Recommend the installation of 1 lum and lamp on existing pole across from 3422 Indiana
Mat. $170.00 - Labor 100.00 - Total $270.00
Received amendments S revisions to Fort Wayne Water
Pollution Control Utility General Rules S Regulations.
Approved. Copy herein incorporated.
Received resolution designating H. James Haley as Board's Approved. Copy herein incorporated.
Representative to Plan Commission.
22. Received Change Order No. 1 (Final) on Water Contract 86-XP- Approved. Sent to Common Council
2 - West Jefferson Blvd. in the amount of $1,595.13 in-
creasing contract price $32,888.53.
23. Received Sewer Construction Permit for Paradise Cafe-
Canterbury-St . Joe Road from Sturges Griffin Trent 5
Co. - Contractor R.A. §.S. Plumbing.
24. Received "Concordia Gardens Storm Improvement" Res.
426-1986 for Board's adoption from WPC Eng. Dept.
25. Received invoice no. 15692 from McNamee, Porter 5
Seeley, Consulting Engineers in the amount of
$2,934.50 in connection with Water Treatment Pilot
Plant in accordance with the Agreement between the
City of Fort Wayne and the Engineer dated 4/2/86.
26. Received Improvement Resolution 6055-86,
Parnell Avenue Sidewalks - 1986 Bond Issue
for approval .
27. Received Improvement Resolution 6057-86, New
Kirkwood Park Street Repair - 1986 Bond Issue
9/9/86.
Approved. Forwarded to WPC Eng.
for their handling. B.O. 197-86
issued .
Approved and adopted. Copy herein
incorporated.
Approved and forwarded to City
Utilities for payment.
Approved and adopted. Copy ^
ncorporated . Advertise Aug- ^,3^
ent. 5, 1986 Notice to Contr
Sept
Approved and adopted
Copy
herein
29 6
incorporated . ^''^'^'^^ J^'^f-ontw':"''-
Sept. 5, 1986 Notice
28. Received the following driveway permits. Approved.
R-61-86/1411 Runnion/Tom Arnold
R-187-86/01d Mill Rd./Robt. Houser
R-64-86/3115 Independence Dr. /Wayne Asphalt
C-69-86/3114 Independence Dr. /Wayne Asphalt
P-63-86/2229 S. Anthony/Gaines Const.
R-163-86/2827 Autumn Leaf Lane/Hallmark Homes
164-86/2326 Oliver/S 5 S Contractors
C70-86/2707 Lofty Dr . /Grahm-Lanz
R-185-86/6930 River Haze Rd . , /Worthman Homes
R-184/864221 Castell Dr./Redinger 5 Assoc
R-181-86/River Forest/Robert Houser
29. Received agreement between City and Park Center Approved and copy herein incorporated.
Inc .
30. Received Resolution for Board approval whereas Board Approved and copy herein incorporated,
resolve and approved Real Estate Lease to be entered
by and between City and Park Center.
106
Wednesday 9/3/86
Department of Public Works Safety
Office of the Board
Conference Room - Third Floor - City-County Building
Meeting held at 9:00 a.m.
H. James llaley. Acting Director
C. R. Simon, Member
L. D, Consalvos, Member
Helen V. Gochenour, Clerk
I. RECEIVE BIDS
Water Contract 86-XP-4
Wallen Road/Coldwater Road Offsite
Water Main Extension
ALL STAR CONST.
BERCOT, INC.
JOHN DEHNER, INC.
LAND INC.
SCHEIDLEMAN EXC.
T-G EXCAVATING
Eng. Est.
$109,106.68
140,676.00
108,751.34
110,200.00
89,271.50
140,426.10
117,600.00
2. RECEIVE BIDS
Water Contract 86-XP-6
Production-Newago Rds. Water Main Connections
ALL STAR CONST.
BERCOT, INC.
JOHN DEHNER, INC.
LAND, INC.
SCHEIDLEMAN EXC.
T-G EXCAVATING
38,654.00
52,072.00
36,235.26
32,430.00
28,895.55
32,403.55
RECEIVE BIDS
Improvement Res. 6053-86
Planeview Dr.-Heiny Dr. St. Improvement
JOHN DEHNER, INC.
LAND INC.
WAYNE ASPHALT
32,650.50 Base
81,577.50 Alt. I
Alt. 11
34,969.00 Base
Alt. I
65^339. 25 Alt. II
65,050.00 Alt. Ill
47,684.50 Base
116,500.00 Alt. I
82,710.75 Alt. II
97,720.50 Alt. Ill
Ordered Water Eng. to tabulate
and report. Award Contract g/io/jf,
Ordered Water Eng. to tabulate
and report. Award Contract 9/10/86.
Ordered Street Eng. to tabulate
and report. Award not determined.
l07 I
RECEIVE BIDS
Sewer Construction Res. 424-1986
Lafayette Center Rd. - Aboite Rd.
Ordered WPC Eng. to tabulate and report.
Award contract 9/10/86.
ALL STAR EXC.
BERCOT, INC.
JOHN DEHNER, INC.
LAND, INC.
T-G EXCAVATING
Engineer's Estimate
AWARD CONTRACT
$310,758.62
325,118.00
296,374.59
226,520.80
342,443.35
355,000.00
Received tabulation and recommendation on
Res. 423-84 - Pierson Ditch-Lagoon Levee. (WPC Eng.]
AWARD CONTRACT
Received tabulation and recommendation on
Res. 86-XP-3 - Clinton Park Water Contract,
(from Water Engineering) .
Received invoice in the amount of $3,891.51
from Hipskind Concrete Corporation for work
performed on Res. 6041-86, Oxford 86.
Received invoice in the amount of $3,887.21
from Hipskind Concrete for work performed
on Res. 6041-86, Oxford '86.
Awarded to T-G Excavating in the amount
of $52,524.00. Prior approval requested
on 9/2/86. Formal approval requested on
9/16/86.
Awarded to All Star Construction in the
amount of $126,058.65. Sent to Common
Council on 9/16/86.
Approved and forwarded to CDf,P Accounting
to be charged to Appropriation No. 1-72-008
OXC-24-431 per Purchase Order No. A-47488.
Approved and forwarded to CD5P Accounting
to be charged to Appropriation No. 1-72-008
OXC-24-431 per Purchase Order No. A-47488.
9. Received invoice from Hipskind Concrete for
work performed on Emergency Res. 6051-86,
Clinton St. from Leith to Wildwood.
10. Received Indiana Department of Highways
invoice number 8800239 in the amount of
$26,220.69 which was supplement to Invoice
no. 87002. This is city share of E. State
Project MAM-F568 (2) ,
11. Received pay request from Hipskind Concrete
Corporation for Emergency Res. 6052-86,
Clinton Street from Rudisill to McKinnie.
12. Received for Board approval Water Main
Improvement Resolution 1034-86 for Inwood
Drive .
13. Received Improvement Res. 6058-86 for curbs
on Both sides of Piqua Avenue from Wildwood
Avenue South to Clinton St. -1986 Bond Issue
14. Received Improvement Res. 6059 -86 for
Improvement Res. 6059-86, Madison St.
5 Hanna St. - 1986 Bond Issue.
15. Received Improvement Res. 6060-86 for
Improvement Res. 6060-86, Archer Ave.
Curbs (both sides)-1986 Bond Issue.
16. Received Improvement Res. 6061-86,
Luther Street Sidewalks § Drives-1986
Bond Issue.
Approved and paid from Appropriation No.
1-38-972-LRE-S4-431.
Approved and forwarded to Bob Ebert
to be charged to LRSS funds.
Approved and charged to Appropriation No.
138-972-LR5S-443r.
Approved and adopted. Copy herein
incorporated. Notice to nroperty
owners mailed 9/S/86 with hearing
date to be 9/18/86.
Approved and adopted. Copy herein
incorporated. Advertisement to
Property owners 9/5 § 9/12 with
date to receive bids 9/24/86.
Approved and adopted. Copy herein
incorporated. Notice to Contractors
9/5/86 5 9/12/86 with
date to receive bids 9/24/86.
Approved and adopted. Copy herein
incorporated. Notice to Contractors
P/5/86 f, 9/12/86 with
date to receive bids.
Approved and adopted. Copy herein
incornorated . Notice to Contractors
9/5/86 S 9/12/86 with
date to receive bids 9/24/86.
Pi 9,
17.
Received for Board approval Resolution regarding
Lawrence Drain whereas Allen County Drainage
Board previously approved and resolved that part
of Lawrence Drain, lying within City limits be
relinquished to City and prorated portion of exist-
ing maintenance funds therein be assigned to City.
Board authorized and empowered to accept a prorated
portion of existing maintenance funds to be used
in accordance with law. It was further resolved
that each Board member is authorized and em-
powered to execute any and all documents that may
be necessary in future to complete acceptance of
Lawrence Drain situated in City and existing
maintenance funds associated with same.
Approved. Copy herein incorp.
18. Received sewer construction permit from J. Andrew
Norton and Don Drake for Airport North Office
Park, Cook & Lima Roads. Construction to be
performed by Brooks Const.
Approved. Board Order #198-8
issued .
Meeting adjourned at 10:05 a.m.
H. Ja|nes Haley) Acting lUrector
AITE:
;stV
Lawrence D. Consalvos, Maitier
Helen V. Gochentiur, Clerk
109
Thursday, Septaiiber 4, 1986
Department of Public Works & Safety
Office of the Board
Conference Roan - Third Floor - City-County Building
Hearing held at 3:30 p.m.
H. James Haley, Acting Director
C. R. Simon, Member
L. D. ConsalvDS, Member
ATTEST: Helen V. Gochenour, Clerk
I. HEARING NOTICE TO PROPERTY CSflNERS Approved. Sent Board Order to Water Pollution Control
Res. 903-86 - East Cook Road Sanitary Engineering to proceed with plans and specifications.
Sewer Extension - A.F. Smith Subdivision
"Preliminary" .
Meeting adjourned at 4:15 p.m.
Lawrence D. Consalvos, Manber
ATTEST: Helen V. Gochenour, Clerk
110
S^ptanber 10, 1986
Department of Public Works & Safety
Office of the Board
Conference Roan - Third Floor - City-County Bldg.
Meetint held at 9:00 a.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos, Member
ATTEST: Helen V. Gochenour, Clerk
RECEIVE BIDS
Res. 895-86
Illinois Rd. Sanitary Sewer Extension
ALL STAR CONST. $153,482.61
BERCOT, INC. 165,763.50
DEHNER, INC. 160,746.94
FLEMING EXCAVATING 179,603.50
T-G EXCAVATING 167,446.05
Eng. Est. 167,446.05
AWARD COSITRACT 9/17/86
RECEIVE BIDS
Water Contract 86-04
Kirkwood Park Water Main Replacement
ALL STAR CONST. 70,890.00
BERCOT, INC. 67,529.00
DEHNER, INC. 68,281.97
FLEMING EXCAVATING 101,245.00
LAND INC. 72,058.00
Eng. Est. 67,825.00
AWARD CONTRACT 9/17/86.
AWARD OONTRACT
Received reccranendation and tabulation from
Water Engineering on Water Contract 86-XP-4,
Wallen Rd . /Coldwater Rd.
Awarded to Scheidleman Excavating in the
amount $89,271.50. Sent to Cannon Council
on September 23, 1986.
AWARD CONTRACT
Received recomnendation and tabulation fron
Water Engineering on Water Contract 86-XP-6
Production-Newaygo Rd. Connection.
Awarded to Scheidleman Excavating in the
amount of $28,895.55. Sent to Coninon Council
on Septanber 28, 1986.
5. AWARD CONTRACT
Received recommendation and tabulation fran
Street Engineering on Res. 6053-86, Plane-
view Drive & Heiny Drive.
6. Received partial payment Invoice No. 7 from
All Star Construction & Excavating, Inc. for
work performed on Water Main to North American
Van Lines - Contract 85-XP-7, in the amount
of $5,749.75.
7. Received recommendation fran Water Eng. Dept.
that we accept Water Contract 8602, Arling-
ton Park, Sec. XVT as part of the City's
water system.
8. Received reconmendation fran Water Eng^ Dept.
that we accept Centennial Industrial Park,
Sec. v.. Water Contract 8520 as part of the
City's Water System.
9. Received recamendation from Water Eng. Dept.
that we accept Water Contract 8604, Willow
Creek Crossing Phase V & Vi as part of the
City's Water System.
Awarded to John Dehner, Inc. in the amount of
$32,650.50 Base
81,577.50 Alt. I.
Sent to Ccmraon Council on September 28, 1986.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 53770.
Approved and acceptance letter written to
Kurtz Excavating, Inc.
Approved and acceptance letter written to
John Dehner, Inc.
Approved and acceptance letter written to
Brooks Constructioi Company.
111
r
10. Received recanmendation from Water Eng. Dept
that we accept Water Contract 8609, Wheat-
ridge, Sec. II as part of the City's Water
System.
11. Received recamiendation fron Water Eng. Dept
that we accept Water Contract 8611, Tanbark
Trails, Sec. Ill, as part of the City's Water
System.
12. Received invoice #2 fron Wayne Asphalt &
Construction Co., Inc. in the amount of
$24,814.30 for work performed on Res. 6047-86,
Asphalt Resurfacing 3rd Package.
Approved and acceptance letter written
to Geiger Developing Inc.
Approved and acceptance letter written
to Scheidleman Excavating.
Approved and forwarded to Civil
City Acctg. for payment.
13. Received request from All Star Construction
& Excavating for reduction of escrow on
Res. 85-XP-7 in the amount of $13,063.82
for North American Van Lines Water Main
Contract.
Approved and issued Authorization of
Payment to Escrow Agent - Summit Bank.
14. Received Invoice No. 2 in the amount of
$6,557.64 from Wayne Asphalt & Const. Co.,
Inc. for Res. 6045-86, Asphalt Resurfacing
1st Package.
15. Received final invoice from Brooks Const.
Co . , Inc . for the retainage held on the
Res. 6025-86 C.B.D. Resurfacing Project
in the amount of $23,122.56.
Approved and forwarded to Bob Ebert,
Civil City Acctg. for payment.
Approved and forwarded to Bob Ebert,
Civil City Accounting to be charged
to Appropriation No. 1-38-972-LRE-S4-
431.
16. Received invoice in the amount of $3,773.92
fron Hipskind Concrete Corporation for work
performed on Emergency Resolution No. 6051-86,
Clinton Street from Leith to Wildwood.
Approved and charged to Appropriation
No. 1-38-972-LRE-S4-431 per P. 0.
A-48242 .
17. Received invoice fron Mergy Construction Co.,
Inc. for work performed on pavement blow-up
at 5200 N. Clinton St. in the amount of
$7,598.00.
18. Received Sewer Construction Permit for Wallen
Hills Sanitary Sewer Extension fron Northill
Development Corporation, construction to be
performed by Scheidleman Excavation, Inc.
Approved and charged to P. O. A-53751.
Approved and Board Order 205-86 issued.
19. Received Sewer Extension Agreanent for George-
town Car Wash at E. State Blvd. Agreement
between Don Merryman & Carolyn Merryman &
Gamer Enterprises and City.
20. Received Resolution rescinding the Board's
action on Robison Park.
Approved and forwarded to WPC Eng. for
their recording. Copy herein incorporated.
Approved. Copy herein incorporated.
21. Received Interlocal Agreement between the
City and the County for Qamplete Auto Transit/
Auto Truck Project - Sanitary Sewer.
22. Received Utility Agreements for the following.
NIPSCO - on Coliseum Blvd. from Lake Ave. to
U. S. #33 (Goshen Road)
COMCAST - Same location
GENERAL TELEPHCNE - Same Location
I & M - Same location
Approved. Copy herein incorporated.
Approved. Copies herein incorporated.
12
23. Received two taxi cab license applications.
Approved and letters written.
24. Received street lighting petition for street
light on Burgess & Windan.
25. Charles Downey appeared before the Board to in-
quire about enforcement of taxi ordinance.
26. Discussion with Carl O'Neal regarding
Monteray Drive.
Approved and ordered Street Lighting
to investigate and report.
Board will investigate.
Board approved the construction as an
addition to the Corline-Monteray Project-
The west lane of Monterey drive between
Ardis & LaJcewood.
27. Discussion with Tcm Pallone, WPC Eng. re-
garding Lafayette Center Road - Aboite Road,
Res. 424-1986.
Approved and awarded to Land, Inc.
in the amount of $226,520.80.
Sent to Canmon Council on 9/23/86.
28. Received Change Order #1 (Final) for
Contract Order 85-XP-7, 16" Water Main
to North American Van Lines increasing
amount $2,009.54 changing Contract price
to $274,785.52.
29. Received the following driveway permits.
Approved and forwarded to (Datimon Council
on 9/23/86.
Approved .
R-37-86/4302 Arlington/Better 3uilt
R-65-86/3010 Independence Dr. /Indiana Const.
P-66-86/Ley Rd. West side of R/R tracks/Wayne Asphalt
C-71-86/3010 Independence Dr. /Indiana Const.
R-72/Ley Rd. West Side of RR Tracks/Wayne Asphalt
Meeting adjourned at 10:30 a.m.
1
Wednesday, Sept. 17, 1986
Department of Public Works s Safety
Office of the Board
Conference Room - Third Floor - City-County Bldg.
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos , Member
ATTEST: Helen V. Gochenour , Clerk
1. RECEIVE BIDS
Res. 425-86 - Lawrence Drain Storm Improvement
Award Contract 9/24/86. Informed
WPC Eng. to tabulate and report.
John Dehner
Spears-Dehner
T-G Excavating
Engineer' s Bid
$157,083
65
Ph.
I
No bid
Ph.
II
(Base
Bid)
No bid
Ph.
II
(Alt.
Bid)
No bid
Ph.
I
125,501
00
Ph.
II
(Base
Bid)
147,826
00
Ph.
II
(Alt.
Bid)
196,029
25
Ph.
I
No bid
Ph.
II
(Base
Bid)
No bid
Ph.
II
(Alt.
Bid)
$156,025
00
Ph.
I
87 ,875
00
Ph.
II
(Base
Bid)
98,675
00
Ph.
II
(Alt.
Bid)
RECEIVE BIDS - Res. 6054-86
Plaza Dr. S, Central Dr. - 86 Bond Issue
Award Contract 9/24/86. Informed
St. Eng. to tabulate and report.
Gaines Const.
M. A. Gaines
Hipskind Concrete
Rieth-Riley
Engineer' s Estimate
71,263.90
78,720. 50
74,983. 35
87,401 . 30
92,204.80
3. RECEIVE BIDS - Res. 6055-86
Parnell Avenue - 86 Bond Issue
Award Contract 9/24/86. Informed
St. Eng. to tabulate and report.
John Dehner, Inc.
M. A. Gaines
Hipskind Concrete
Rieth-Riley
Engineer' s Estimate
59,412.35
31,731.20
31,731.20^
34,907.00
40,153.40
4. RECEIVE BIDS - Res. 6056-86
Delaware & Tecumseh - 86 Bond Issue
Award Contract 9/24/86. Informed
Street Eng. to tabulate and report.
Gaines Const.
M. A. Gaines
Hipskind Concrete
Rieth-Riley
Engineer ' s Estimate
68,021.50
61,682.50
72,165.00
83,241.50
81,366.00
5. RECEIVE BIDS - Res. 6057-86
New Kirkwood Park Street Repair - 86 Bond Issue
Award Contract 9/24/86. Informed
St. Eng. to tabulate and report.
John Dehner, Inc.
Gaines Const.
M. A. Gaines
Hipskind Concrete
Rieth-Riley
Engineer' s Estimate
108,397.40
75,131.40
69,419.00
79,724.16
67,393.60
98,110.00
6. AWARD CONTRACT
Received recommendation and tabulation from WPC
Engineering for Res. 895-86 - Illinois Rd.
Sanitary Sewer Extension.
7. AWARD CONTRACT
Received recommendation and tabulation from
Water Engineering Department for Water Contract
86-04, Kirkwood Park Water Main Replacement.
Awarded to John Dehner,
amount of $160,746.94.
Council on 9/23/86.
Inc. in the
Sent to Common
Awarded to Bercot , Inc. in the amount
of $67 ,825.00 . Sent to Common Council
on 9/23/86. a .O"
- 1
8. Received pay request for Ardmore Avenue Water Main,
Water Contract S5-XP-9, from T-G Excavating, Inc.,
in the amount of $11,372 .58 .
9, Received pay request for E. State Blvd. from Bonar
S Associates in the amount of $4 ,153 . 58 .
10. Received pay request H4 (Final) for Contract 85-01,
Corline-Monteray Water from Hipskind Concrete, in
the amount of $9,117.81.
11. Received pay request til from Land, Inc., in the
amount of $67 ,923.00 for work performed on
Hoagland Avenue Feeder Main.
12. Received recommendation from Water Engineering
Department that we accept Water Contract 85-01,
Corline-Monteray Water Main Replacement as
part of the City's Water System.
Approved and forwarded to Cit
Utilities for payment to be ^
charged to Work Order 6J69S
Approved and ordered payment f
LRSS 138-972-0021-4431. "
Approved and forwarded to Cit
Utilities for payment to be
charged to Work Order 63774
Approved and forwarded to City
Utilities and charged to Work
Order #63773.
Approved and acceptance letter
sent to Hipskind Concrete.
13. Received recommendation from W&ter Engineering
Department that we accept Water Contract 8601,
Challenger Drive, as part of the City's Water
System.
Approved and acceptance letter
sent to John Dehner, Inc.
15.
Received Water Contract 8619 - Chadwick ,
between Springmill Woods Development Corporation
and City.
Received Water Contract 8616 - Westwood North,
Sec. I. between Anderson-Lombard, Inc. and City.
Approved and forwarded to
Water Engineering for their
handling.
Approved and forwarded to
Water Engineering for their
handling .
16. Received Wallen Hills Water Contract #8620,
between Northill Development Corporation and
City.
17. Received Notice of Water Extension for Water
Contract 83-05, Coldwater Road North of Essex
Lane - Network Connection.
Approved and forwarded to
Water Engineering for their
handling .
Approved and forwarded to
Water Engineering for their
handling. Recorded copy herein
incorporated .
18.
Received Water Contract 8618 - Western Land
Holding between City and Western Land Holding.
Approved and forwarded to Water
Engineering for their handling.
19. Received Sewer Construction Permit for Dupont
Crossing Sanitary Sewer from Rogers Markets,
Inc. for Dupont Crossing Shopping Center.
John Dehner, Inc. , Contractor. (Also Agreement for
Sewer Extension for Same Project} .
20. Received Sewer Construction Permit for Chadwick
Condominiums Sanitary § Maplecrest s Rothman
from Springmill Woods Development Corporation.
21. Received Sewer Construction Permit for Redi-Med
Sanitary Cook § Coldwater from BHB , Inc., D s B
Constructors, Inc., Contractor.
Approved and B. O. 209-86 issued.
Approved and B. O. 210-86 issued.
Approved and B. O. 211-86 issued.
22. Received Special Street Permit applied for
by Centennial DevelopmentCorporation for
Centennial Industrial Park Section VI,
Cannongate Drive, and Cannonball Drive.
23. Received Special Street Permit applied for
by Centennial Development Corporation for
Centennial Industrial Park Section VI, for
Caprice Court, Clairmont Court and Conestoga
Court.
24. Received Special Street Permit applied for
by John Dehner, Inc. for Washington Center
Park, Challenger Parkway.
25. Received petition for ornamental lighting
on Eileen Street.
Approved and forwarded to Street
Engineering for their handling-
Approved and forwarded to Street
Engineering for their handling-
Approved and forwarded to Street
Engineering for their handling-
Approved and forwarded to ^t^^eet
Lighting for their investigati
B. O. 213-86 assigned.
-'neceived Change Order H2 (FINAL) for Redwood-Chestnut
Tank Painting, Contract 85-W-4, W. O. 63782, $8500.00
added to contract. New Total $177 .200,00
Approved and sent to Common Council
9/23/86.
27. Received petition for standard lighting on Bowser
Avenue.
28. Received Interlocation Cooperation Agreement
between Board of Commissioners of Allen County
and the Board of Works whereas Complete Auto
Transit and Auto Truck County agrees to extent
of fund provided by State to pay claims submitted
by City. City agrees to comply with all terms
and conditions of said Grant Agreement and agrees
to hold harmless the County.
Approved and forwarded to Street Lighting
for their investigation.
Approved and copy herein incorporated .
29.
Hearing continued from August 14,
land Gardens.
IS
for East-
Board confirmed. Ordered WPC to proceed
with plans and specifications.
30. Tom Pallone, WPC Engineering requested Board's
permission to ask contractor for an extension of
30 days before awardeing contract on 422-1986 ,
Courtyards Project.
Board Approved .
Meeting adjourned at 9:45 a.m.
Lawrence D. Consalvos , Member
Helen V. Gochenour, Clerk
1 1
Thursday, September 18, 1986
Department of Public Works s Safety
Office of the Board
Third Floor Conference Room
Hearing held at 3:30 p.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos , Member
Helen V. Gochenour , Clerk
PUBLIC HEARING - Notice to Property Owners
Water Main Improvement Res. 1034-86, on
Inwood Drive from Lake Avenue Southward
to its terminus; also on Columbia Avenue
from a point 400+_ feet east of Coliseum to
Inwood Drive.
Board will action on is 9/24/86.
2. Lafayette Center/Aboite Sanitary Sewer
Funding Agreement between developer s City.
Meeting adjourned at 3:50 p.m.
'X — ZPt^ — III ■ ■ — ,
/Ty-TJames Haley ,^ Acting DVrector
Helen V. Gochenour, Clerk
Lawrence D. Consalvos , Member
117
Tuesday, September 23, 1986
Department of Public Works s Safety
Office of the Board
Conference Room - Third Floor - City-County Building
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos , Member
Helen V. Gochenour , Clerk
I. Received Emergency Resolution whereas Three Rivers Approved. Emergency Res. #76-117-1
Filtration Plant #9 High Service Pump has become issued. Copy herein incorporated. ii
inoperable and needed to be inspected . |l
Helen V. Gochenour , 'clerk
Meeting adjourned at 9:05 a.m.
H.yTaff^s Haley, Acting ^rector
Lawrence D. Consal vos ^ Member
I
118
Wednesday, September 24, 1986
Department of Public Works § Safety
Office of the Board
Conference Room - Third Floor - City-County Bldg.
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos, Member
Carolyn S. Eschmann, Clerk Protem
1. RECEIVE BIDS
Res. 6058- 86 Curbs - Piqua from Wildwood
Ave. to Wildivood Ave. S.
to Clinton St.
JOHN DEHNER, INC.
GAINES CONST.
HIPSKIND CONCRETE
RIETH-RILEY
Eng. Est.
$10,494.00
$15,245.70
$16,839.00
$12,859.00
14,859.00
RECEIVE BIDS
Res. 6059-86 - Curbs 5 Walks - Hanna § Madison
GAINES CONST.
HIPSKIND CONCRETE
RIETH-RILEY CONST.
Eng. Est.
116,456.50
107,628. 25
118,519.65
143,761.00
RECEIVE BIDS
Res. 6060-86 - Curbs - Archer Avenue
JOHN DEHNER, INC.
GAINES CONST.
HIPSKIND CONCRETE
104,821 .90
73,057.50
69,052.40
Award ContractlO/1/ 86. Prior Approval
from Council requested on 10/7/86.
Ordered Street Eng. to tabulate and report
Award Contract 10/l/§6. Prior Approval
from Council requested on 10/7/86.
Ordered Street Eng. to tabulate and report.
Award Contract 10/1/86. Prior Approval
from Council requested on 10/7/86.
Ordered Street Eng. to tabulate and report.
RIETH-RILEY CONST. 76,829.60
Eng. Est. 90,200.00
4. RECEIVE BIDS
Res. 6061-86 - Luther Street - Walks § Drives
GAINES CONST.
M. A. GAINES CONST.
HIPSKIND CONCRETE
RIETH-RILEY
Eng. Est.
30,918.20
32,898.00
33,202.20
32,269.00
34,208.00
AWARD CONTRACT
Received tabulation and recommendation from WPC
Eng. for Res. 425-85 - Lawrence Drain Storm Imp.
6. AWARD CONTRACT
Received tabulation and recommendation from Street
Eng. Dept. for Res. 6054-86 - Plaza Dr. 5 Central
Drive - 86 Bond issue.
7. A'WARD CONTRACT
Received tabulation and recommendation from Street
Eng. Dept. for Res. 6055-86 - Parnell Avenue Walks
'86 Bond Issue. '
Award Contract 10/1/86. Prior Approval
from Council requested on 10/7/86.
Ordered Street Eng. to tabulate and report.
Phase I awarded to John Dehner, Inc.
in the amount of $156,708.65. Phase
II awarded to Spears Dehner in the amount
of $125,501.00.
Awarded to Gaines Construction in the amoi'"'
of $71,263.90. Prior approval requeste
9/30/86.
Awarded to Gaines Construction
in the ai
mount
of $31,444.30. Prior Approval reque
9/30/86.
;ted
119
AWARD CONTRACT
Received tabulation and recommendation from Street
Engineering Department for Res. 6056-86, Delaware
§ Tecumseh - '86 Bond issue.
AWARD CONTRACT
Received tabulation and recommendation from Street
Engineering Department for Res. 6057-86 - New Kirk-
wood Park Street Repair .
10. Received pay request #2 in the amount of $35,701.20
for Pontiac Place '86 - Resolution #6037-86, from
Henry Gaines Construction Company for work completed.
11. Received for Board approval Emergency Resolution
whereas the Board of Public Works § Safety hereby
declares an emergency does exist due to increase
in needs for Ferrous Sulfate due to increase in
plant flow during early summer months.
Awarded to M. A. Gaines Const,
in the amount of $61,682.50.
Prior approval requested on
9/30/86.
Awarded to Rieth Riley Const.
Co., in the amount of $67,393.60.
Prior approval requested on
9/30/86.
Approved and forwarded to CDfiP
Accounting to be charged to
Appropriation #l-72-008-PPC-24-431 .
Board declared an emergency exists
and ordered Purchasing Department to
issue a purchase order to Worthington
Street in the amount of $27,000.00.
Copy herein incorporated. EMERGENCY
RESOLUTION #76-119-11.
12. Received invoice from Village Two, Inc., in the amount
of $24,712.00 for oversizing reimbursement for Tanbark
trails. Sec. Ill, Contract 8611.
Approved and forwarded to City Utilities
Accounting to be charged to W. 0. 63916.
13. Received Invoice for August for EMA for engineering
services on the computerization of the W. P. C.
Plant, in the amount of $39,930.70.
14. Received invoice in the amount of $20,695.50 for
work performed on Res. 6048-86, Headwall § Back-
water gate at Gruber Ditch from John Dehner, Inc.
15. Received pay request dated August 31, 1986, from
Pitometer Associates in the amount of $2,250.00 for
work performed on Pitometer Survey.
16. Received invoice from Earth Construction in the
amount of $75,000 for work performed on Maple-
crest Road Extension, Res. 6021-85.
Approved and forwarded to City Utilities
Accounting and charged to W. 0. 79083.
Approved and forwarded to Bob Ebert ,
Civil City, for payment. (86 Bond Funds)
Approved and forwarded to City Utilities
Accounting to be charged to W, 0. 63678.
Approved and forwarded to Civil City
Accounting to be paid from LR§S funds.
17. Received partial payment #9 in the amount of
$13,320.00 from Land Excavating, Inc . for work
performed on Southwest Interceptor S-2, Res.
408-85, Phase IV. Further retainage monies in
the amount of $1,516.00 should be deposited in
escrow .
18. Received invoice #00586 in the amount of $202.50
from Tank Industry Consultants Inc. for inspection
on CM Elevated Tank - Div. W-3, Contract #85-W-3.
19. Received Partial Payment #1 and Claim from TOMCO
Const. Co., Inc., in the amount of $24,259.50
for work performed on Water Main Res. #1033-86,
McKinnie- Senate Water Main.
20. Received Authorization for Payment on Southwest
Interceptor - Phase II Res. 408-1985 to Bercot,
Inc. in the amount of $11,002.96.
21. Received Change Order #V-1 for Southwest Inter-
ceptor S-2, Resolution 408-1985, Phase #V, in-
creasing the contract amount of $161,086.00 by
$3,437. 00.
22. Received for Board approval Resolution 1035-86,
Water main Improvement along Garden Park Drive.
23. Received for Board approval Resolution 1036-86
Water Main Improvement in and along Ludwig Park
Drive.
Approved and forwarded to City Utilities
Accounting and charged to Work Order 72855.
Approved and forwarded to City Utilities
Accounting and charged to W. 0. 63755.
Approved and forwarded to City Controller's
Office to be paid from Revolving Barrett
Law Fund .
Approved and forwarded to Summit Bank
to release escrow funds.
Approved and forwarded to Common Council
on October 14, 1986.
Approved and adopted. Copy herein
incorporated. Barrett Bond Project.
Notice to Property Owners published
9/26/86 with hearing date Thurs.
10/9/86 at 3:00 p.m.
Approved and adopted. Copy herein
incorporated. Barrett Bond Project.
Notice to Property Ovmers published
10/3/86 with hearing date Thurs.
10/16/86 at 3:00 p.m.
120
24. Received for Board approval Water Main Improvement
Resolution 1037-86 in and along Province and River
Park Drive in Concordia Gardens.
25. Received Street Lighting Resolution No. 182-86
for Board approval for Westwood Valley Addition,
Section I.
26. Received Contract for Engineering Services for
Waste Activated Sludge Thickening Facilities
for Paul L. Brunner Water Pollution Control
Plant by and between City and Howard Needles
Tammen § Bergendoff, Architects, Engineers,
Planners, Indianapolis, Indiana.
Contract amount $93,800.
27. Received request from David Brubaker, President
of "Bus Huts Inc." for the installation of three
bus huts at the following locations.
900 E. Washington Blvd.
3700 Reed Road at Trier Road
4400 Hobson Road
Approved and
incorporated
Improvement
Oivners Publi
date October
Approved and
incorporated
Improvement
Owners publi
date 10/9/86
adopted. Copy herein
Barrett Law Revolving
Fund. Notice to Propenv
shed 10/3/86 with hearill
• 16, 1986 at 3:30 p.„
adopted. Copy herein
Barrett Law Revolvin,
Fund. Notice to Propen,
shed 9/26/86 with hearin!
at 3:30 p.m. ^
Approved and copy herein incorporated
Approved .
28. Received Special Street Permit from Hagerman
Construction Corporation for Ardmore Avenue.
29. Received Change Order No. 1 for Res. 6017-85,
Lynn Avenue, Phase I-A, increasing amount by
$5,354.07. Rieth Riley Construction Co., Inc.
is the Contractor. New Contract Price $75,047.17.
Approved .
Approved and sent to Common Council
on October 7, 1986.
30. Received Change Order No. 1 for Res. 6018-85,
Lynn Avenue - Phase I-B, from Rieth-Riley Const.
Co., Inc. increasing amount by $14,838.50.
New Contract amount $95,968.45.
31. Received Sewer Construction Permit for Montrose
Square Apartments I? Evard Road from Cardinal
Industries. Construction work will be performed
by Cardinal Industries, Inc.
32. Received Agreement for Illinois/Jefferson Corridor
Study by and between City and PRC Engineering, 303
E. Wacker Drive, Chicago, Illinois, 60601. Lump
sum fee $29,500.00.
33. Received Dalman Road Sanitary Sewer Extension at
Ardmore Avenue from H.B.C. Realty Corp., Fleming
Excavating, Inc. to be the contractor.
34. Received Sewer Construction Permit from Lane Truck
Construction for Stellhorn Village Shopping Center
Zimmerman Excavating Service, Inc., Contractor.
35. Received Agreement for Sewer Extension for Wall en Hills
(Northill Development). Area connection fees have been
satisfied in the amount of $25,691.75, ($700 . 00/acre .
36. Received Sewer Extension Agreement for Stellhorn Village
Sanitary Sewer Extension. This Agreement is between
MacKids, Inc. and City.
37. Received Water Contract 8621 - Centennial Development
Corporation - Caprice Court § Clairmont Court, from
Cannongate to terminus
38. Diane Schuster from Economic Development talked to
Board regarding proposal for Extension of Water Line
to Indiana Die Molding, Inc.
Proposed Financing (50% of Total) $69,500
City of Fort Wayne (20% of Total) 27,800
Indiana Die Molding (30% of Total 41 ,700
139,000
Approved and sent to Common Council
on October 7, 1986.
Approved and B. 0. 218-86 issued.
Approved and copy herein incorporated.
Approved and B. 0. 219-86 issued.
Approved and B. 0. 220-86 issued.
Approved and forwarded to WPC Eng.
for their handling.
Approved and forwarded to UPC Eng.
for their recording.
Approved .
Approved subject to funding. To
be paid from Capital Improvement
Money. Sent Board Order to Water
Eng. to proceed with engineering
and bid documents.
12 7
39. Received recommendation from Water Engineering Dept.
that we accept Contract No. 8605 - Burlington Heights
Water Main Extension as part of the City's Water System.
40. Received petition for installation of street light near
1831 Dominion Drive.
Approved and acceptance letter written to
Mergy Construction Company, Inc.
Approved and L. 0. 5365 sent to NIP Dept.
41. Received petition for street lighting on Dalevue.
42. Received petition for sewer backup from Fernwood
§ Daleview.
43. Resolution 1034-86 - Water Main Improvement Resolution
on Inwood Drive for discussion.
44. Received Invoice #11 in the amount of $23,611.82 from
Earth Construction Co., Inc. for work performed on
Resolution 6021-85 - Maplecrest Road Extension.
Approved and L. 0. 5366 sent to NIP Dept.
Approved and B. 0. 244-86 sent to NIP Dept.
for investigation.
Confirmed and authorized Water Engineering
to proceed with plans and specifications.
Approved and forwarded to Civil City Acctg.
to be charged to LR5S.
45. Received one application for taxi driver's license.
Approved .
Meeting adjourned at 10:30 a.m.
Lawrence D. Consalvos, Member
ATTEST: L,-^Ly,..4U<^ —
Carolyn i. Eschmarin, Clerk Protem
Thursday, 9/25/86
Department of Public Works 6 Safety
Office of the Board
Conference Room - Third Floor - City-County Building
Hearing held at 3:30 p.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos, Member
Carolyn S. Eschmann, Clerk Protem
I. NOTICE OF PUBLIC HEARING ON SALE OF PROPERTY Board Confirmed. Advertisement
for bids 10/3/86 § 10/10/86 with
Vacant Lot - 5320 Square Feet - E. Central Area, date to receive proposals 10/22/86
1423 Dubois Street, Allen County, Fort Wayne, Indiana,
Legal Description Key #9142689954, Lot #54, Whites
Second Addition 5 % VA Alley.
Meeting adjourned at 3:40 p.m.
ATTEST:
Lawrence D. Consalvos, Member
Carolyn S. Eschmann, Clerk Protem
123
October 1, 1986
Department of Public Works § Safety
Office of the Board
Conference Room - Third Floor - City-County Building
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos, Member
Helen V. Gochenour, Clerk
I. RECEIVE BIDS - Res. 903-86 E. Cook Rd. San. Sewer
ALL STAR CONSTRUCTION
BERCOT, INC.
JOHN DEHNER, INC.
LAND INC.
LIBERTY CONST. INC.
Engineer's Estimate
$28,797.00
23,889.00
31,762.74
21,234.40
29,899.50
$35,727.50
2. RECEIVE BIDS - Res. 426-86 - Concordia Gardens
Drainage Improvement
JOHN DEHNER, INC.
LAND, INC.
LIBERTY CONST.
T-G EXCAVATING
Engineer's Estimate
$209,334.80
155,844.00
134,144.00
141,206.15
$106,150.00
Award contract 10/8/86.
Award contract 10/8/86.
3. AWARD CONTRACT - Res. 6058-86 Piqua from Wildwood
S. to Clinton - 86 Bond Issue
Received recommendation and tabulation from Street
Engineering for above project.
Awarded to John Dehner, Inc. in the
amount of $10,494.00. Prior Approval
from Council requested on 10/7/86.
AWARD CONTRACT - Res. 6059-86
Curbs and Walks
Hanna 5 Madison
Received recommendation and tabulation from Street
Engineering for above project.
5. AWARD CONTRACT - Res. 6060-86 - Curbs - Archer Ave.
Received recommendation and tabulation from Street
Engineering for above project.
AWARD CONTRACT - Res. 6061-86 - Luther St.
§ Drives
Walks
Awarded to Hipskind Concrete in the
amount of $107,628.25. Prior Approval
from Council requested on 10/7/86.
Awarded to Hipskind Concrete in the
amount of $69,052.40. Prior Approval
from Council requested on 10/7/86.
Awarded to Gaines Construction Co.
in the amount of $30,918.20.
Received recommendation and tabulation from Street
Engineering for above project.
7. Received pay request invoice #2 in the amount of
$20,064.24 for work performed on Res. 6039-86,
Hoagland/Masterson from M. A. Gaines Construction
Company, Inc.
8. Received resolution whereas, Kennan Development
Co., Inc. petition the Fort Wayne City Plan Commission
for vacation of alley between Main on the North
and the 14' alley on s. thereof lying between, Lots
#89 § 88.
Approved and forwarded to CD5P
Accounting and charged to Appropriation
#l-72-008-HMC-24-431 .
Approved and Resolution 76-123-8 adopted.
124
9. Received recommendation from Street Engineering Department
that we accept for future maintenance Challenger Parkway
in Washington Center Park.
10. Received resolution for senior citizens to reduce remote
installation charges.
11. Received invoice #2, in the amount of $22,555.44 from
Hipskind Concrete Corporation for Emergency Resolution
6052-86, Clinton St. from Rudisill to McKinnie.
12. Received pay request #8 in the amount of $735.50 from
Owens Russell Associates for Res. 407-85, Phases I thru
V, Southwest Interceptor.
Approved and acceptance
sent to John Dehner, Inc
Approved. Resolution 76-124,
assigned. Copy herein in- '
corpo rated.
Approved and forwarded to Ciy ,
City Acctg. and charged to
Appropriation No. 138-972-
LR5S-4431 per P. 0. A-48466.
Approved and forwarded to
City Utilities Accountino
to be charged to W.O. 72855
13. Received final payment in the amount of $1,325.58 from T-G
Excavating, Inc. as recommended by WPC for St. Joe Pump
Station Elimination, Res. 402-1984.
14. Received invoice in the amount of $27,657.00 from Hipskind
Concrete Corporation for work performed on Res. 6043-86
Fairfield NSA '86.
15. Received invoice #3 in the amount of $10,227.04 for work
performed on Res. 6045-86, Asphalt Resurfacing 1st Pkg.
from Wayne Asphalt 5 Const. Co.
16. Received invoice #3 from Wayne Asphalt § Construction
Company in the amount of $54,487.55 for work performed
on Resolution 6047-86, Asphalt Resurfacing 3rd Package.
17. Received City Utilities invoices for drafting, sur-
veying, and inspection of projects as follows:
Approved and forwarded to Citvl
Utilities and charged to
W. 0. 72786.
Approved and forwarded to
CD§P to be charged to
Appropriation #1 -72-008-FFC.al
431.
Approved and forwarded to
Bob Ebert, Civil City Acctg.
Approved and forwarded to i
Ebert to be charged to LR5S kt|
indicated out of Fund 138.
LOC 0005
St. Joe Road
Invoice 608T8I8
$1,680.00
LOC 0017
Bluffton Road Invoice 609T959
5,130.00
LOC 0044
Maplecrest Road
609T960
60.00
6,870.00
18. Received City Utilities invoices for drafing, sur-
veying, and inspection of projects as follows:
LOC 0017
Bluffton Road
Bluffton Road
Invoice 608T815
Invoice 609T916
4,747.50
5,535.00
Approved and forwarded to B
Ebert to be charged to LR5S W|
indicated out of Fund 138.
LOC 0020
Lindenwood RR Xing
504T395
30.00
LOC 0021
State Blvd.
608T872
660.00
LOC 0044
Maplecrest Rd.
608T816 240.00
11,212.50
19. Received claim for crop damages submitted by the
Irelands in the amount of $415.75 for trees and
shrubbery damage on CM Project - Div. Ill,
Water Contract 85-XP-5 in accordance with right-of-
entry agreement.
Approved and charged to
63762.
W.O-
20. Received invoice for reimbursement costs to ARE
regarding pavement management system in the amount
of $12,091.
Approved and forwarded to
Bob Ebert to be paid fw"
LRS funds.
125
21. Received Sewer Extension Agreement for Meadowbrook Approved and forwarded to WPC
Drive Lots #26 Sanitary by and between Mark S. Engineering for their handling.
McNeal and Alta L. McNeal and City.
22.
Received Sewer Construction Permit for Hanger 45 and
Indianapolis Roads, Fort Wayne-Allen County Airport
Authority from Fox Contractors.
Approved and B. 0. 22S-86 issued.
23. Received Sewer Construction Permit for Lakes of
Buckingham South III from Chris Stauffer Homes Inc.,
Kurtz Excavating, Inc., Contractor.
24. Received Sewer Extension Agreement by and between
Western Land Holding Company and City beginning at
Illinois Rd. and the centerline of Lawrence Drive.
25. Received Sewer Construction Permit for Lakeside
Child Care Center Sanitary - Shive Nursing,
for Lakeside Child Care Center, construction
to be performed by Fox Contractors Corporation.
26. Received Sewer Construction Permit for Brentwood
Office Park - Executive Center Sanitary Sewer Ex-
tension from Liberty Construction, Inc., construction
to be performed by Liberty Construction.
27. Received Sewer Construction Permit for Summerfield
Sec. IV Storm and Sanitary Sewer from Liberty
Construction, Inc., construction to be performed
by Liberty Construction, Inc.
28. Received Sewer Construction Permit for Shannonside
II from Windsor, Inc., construction work to be performed
by Kurtz Excavating, Inc.
29. Received Water Contract No. 8622 - 3025 Dalman Road
(Ardmore Avenue) by and between HBC Realty Corp.,
and City.
30. Received Water Contract 8623 - George Towne Place
Development by and between Georgetown Place Development
Corporation and City.
31. Received Change Order #4 for Maplecrest Road Extension
from Earth Construction Co. increasing contract amount
by $34,804.32 making new amount $710,349.88.
32. Received Change Order #2 - CM. Phase III, Close out
Change Order #2 and final on Southwest Interceptor
S-2 Phase III. It is a close out change order with
no decrease or increase involved.
33. Received letter of proposal from Bonar 5 Associates
to provide surveying services for the staking of
temporary and permanent right-of-way on the proposed
St. Joe Rd. improvements.
34. Received following recommendation of Street Light
Engr. on order # 5188 adding Light Petition to
B.O. 202-86 Westmoor Park Extended
35. Received following recommendation of Street Light
Engr. to install one (1) wood pole and 150W H.P.S.
Lamp at 2800 Barr St. order No. 5241
36. Received following recommendation of Street Light
Engr. on Order #5245 to install one (1) 100 W H.P.S
alley light one pole #4751123 behind 1328 Michigan
37. Received following recommendation of Street Light
Engr. on order # 5247 to install seven (7) pole,
lum and lamps on Butler Ct.
38. Received following recommendation of Street Light
Engr. on Order # 5250 to install one (1) 100 W. H.P.S.
alley light beside 6026 S. Calhoun
39. Received following recommendation of Street Light
Engr. on Order # 5252 to install one (1) 35' wood
pole and 150 W. H.P.S. lampe and lum in front of
329 Brackenridge St.
Approved and B. 0. 229-86 issued.
Approved forwarded to WPC Eng.
for their handling.
Approved and B. 0. 230-86 issued.
Approved and B. 0. 231-86 issued.
Approved and B. 0. 233-86 issued.
Approved and B. 0. 233-86 issued.
Approved and forwarded to Water
Engineering Dept. for their
handl ing .
Approved and forwarded to Water
Engineering Dept. for their
handl ing .
Approved and forwarded to Common
Council October 14, 1986.
Approved.
Approved. Copy herein incorporated.
Approved .
Approved.
Approved.
Approved .
Approved.
Approved.
26
40. Received following recommendation of Street Light
Engr. on Order # 5257 to install one (1] wood pole
and 150W H.P.S. lum and lamp across from 353 Butler St.
41. Received following recommendation of Street Light
Engr. to install two (2) wood poles and two (2^ ISOW.
H.P.S. lum and lamps on the 4300 block of S. Monroe
Order # 5258.
Approved
Approved
42. Received following recommendation of Street Light
Engr. on Order # 5260 to install one (1) wood pole
and one (1) 150W H.P.S. lum and lamp in front of
1109/1111 Liberty.
Approved
43. Received following recommendation of Street Light
Engr. Order # 5265 to install one (1) wood pole and
one (1) 150W H.P.S. lum and lamp in front of 2613/
2617 Pittsburg St.
Approved
44. Received following recommendation of Street Light
Engr. on Order # 5266 to install two (2) alley
lights at 200 block between Suttenfield and Woodland.
45. Received following recommendation of Street Light
Engr. Order # 5280 to install two (2) wood poles and
two (2) 150W H.P.S. lum and lamps on Buell Dr. 3900
block .
Approved
Approved
46. Received following recommendation of Street Light
Engr. Order # 5286 to install two (2) alley lights
between 1122 and 1118 Wildwood 2 lamps and lums
HOW H.P.S. lamp.
Approved
47. Received following recommendation of Street Light
Engr. Order # 5287 to install two (2) alum poles
and two (2) 150W H.P.S. lum and lamps on Rivermet
between St. Joe Blvd. and Dearborn.
Approved
Received following recommendation of Street Light
Engr. Order # 5288 to install one (1) concrete pole
and one (1) 150W H.P.S. lum and lamp in front
2102/2106 Cozy Court.
Approved
49. Received following recommendation of Street Light
Engr. Order # 5289 to install one (1) lum and lamp
on existing pole across from 3422 Indiana.
Approved
50. Received following recommendation of Street Light
Engr. Order # 5291 to install a lOOW H.P.S. light
beside 443 Kinnard.
Approved
51. Received following recommendation of Street Light
Engr. Order # 5298 to install three (3) wood poles
and three (3) 150W H.P.S. lum and lamps on 6200
block of Chaddsford Dr.
Approved
52. Received following recommendation of Street Light
Engr. Order # 5301 to install one (1) 150W H.P.S.
lum and lamp on pole #A505-863 beside 441 Branning.
53. Received following recommendation of Street Light
Engr. Order # 5306 to install one (1) lOOW H.P.S.
alley light beside 419 E. Pettit on pole A535-293.
54. Received following recommendation of Street Light
Engr. Order # 5309 to install one (1) 28ft. alum
pole and one (1) 150W H.P.S. lum and lamp in front
of 5817 Monarch Dr.
Approved
Approved
Approved
55. Received following recommendation of Street Light
Engr. Order # 5312 combined with Light Order 5350
56. Received following recommendation of Street Light
Engr. Order # 5317 to install one (1) lum and lamp
on existing pole in alley beside 1220 E. Pontiac -
one (1] lOOW H.P.S. bulb.
Approved
Approved
57. Received following recommendation of Street Light
Engr. Order # 5318 assigned B.O. No. 197-8S-installed
on Dec. 12, 1985 W.O. 55457-B.
Approved
S8.
59.
60.
61.
Received following reconraiendation of Street Light
Engr. Order # 5320 to install one (1) concrete pole
and one (1) 150W H.P.S. lum and lamp in front of
5123/5115 Standish.
Received following recommendation of Street Light
Engr. Order # 5324 to install three (3) lOOW H.P.S
lum and lamps on Oliver St. between Colerick aiid'
Eckart St.
Received following recommendation of Street Light
Engr. Order » 5331 to install two (2) 150W H.P.S.
lum and lamps on Pearl St. between Ewing St 'and'
Webster St.
Received following recommendation of Street Light
Engr. Order * 5337 to install one (1) 150W H.P.S.
lum and lamp on existing pole in front of 4118
Warsaw and two (2) alley lights behind 4118 and
4132 Warsaw.
Approved.
Approved .
Approved.
Approved.
62. Street Lighting Order It 5342 voided
63. Received following recommendation of Street Light
Engr. Order # 5350 to install two (2) 150W H.P.S.
lum and lamp and two (2) lOOW H.P.S. lum and lamps
and two (2) lOOW H.P.S. alley lights in Luther area.
64. Received following recommendation of Street Light
Engr. Order # 5352 - combined with Order # 5290.
65.
66.
67.
68.
69.
70.
71.
Received following recommendation of Street Light
Engr. Order # 5253 to install one (1) alum pole,
lum and lamp in front of 2423 Princeton Ave.
Received following recommendation of Street Light
Engr. Order # 5256 to install three (3) 150W H.P.S.
lum and lamps on Hillside Ave. between Forest Ave.
and McDougal Ave.
Received following recommendation of Street Light
Engr. Order # 5259 to install one (1) lOOW H.P.S.
alley light behind 1532 Rosemont Dr.
Received following recommendation of Street Light
Engr. Order # 5275 to install five (5) alum poles
and five (5) lum and lamps on W. State between
N. Highland Blvd. and Edith Ave.
Received following recommendation of Street Light
Engr. Order # 5290 to install one (1) 150W H.P.S. lum
and lamp in front of 2102 Hensch St.
Received following recommendation of Street Light
Engr. Order # 5358 to combine with light order 5337.
Received following recommendation of Street Light
Engr. Order # 5359 to combine with light order 5337.
72. Received the following driveway permits:
Approved.
Approved.
Approved .
Approved.
Approved.
Approved.
Approved .
Approved .
Approved .
Approved.
C-073-86/4740 Coldwater Rd. -Skinner Broadbent/Contractor
C-074-86/4740 Coldwater Rd. -Skinner Broadbent/Contractor
C-075-86/2841 E. State -Ron Lunz/Contractor
C-076-86/317 Hovan Dr.- Hamilton Hunter/Contractor
C-077-86/4501 Earth Dr.- Deam Manufactoring/Contractor
C-078-86/3504 S. Calhoun St. -Cleave Const . /Contractor
C-079-86/2123 Lincoln Way - E 5 B Paving/Contractor
C-082-86/Glenbrook Sq. - Wayne Asphalt/Contractor
C-083-86/210 E. Jefferson - George Helton/Contractor
C-084-86/3710-14 N. Clinton - Darwin Highlen/Contractor
C-085-86/3325 Broadway - Kevin Jones/Contractor
P-067-86/3515 Lake Ave. - Brooks-Zumbrun/Contractor
P-069-86/1229 E. Wallace - Wayne Asphalt/Contractor
P-071-86/3504 S. Calhoun St. - Cleave Const ./Contractor
P-075-86/3710-14 N. Clinton - Darwin Highlen-Maley f, Sons/Contractor
R-188-86/1601 Benham Dr. - Star Builders/Contractor
R-189-86/1529 Benham Dr. - Star Builders/Contractor
R-190-86/1525 Benham Dr. - Star Builders/Contractor
R-191-86/1516 River Run Ct . - Adventurous Homes/Contractor
R-192-86/1S10 River Run Ct. - Adventurous Homes/Contractor
R-193-86/1523 River Run Ct. - Adventurous Homes/Contractor
R-194-86/1516 Clearwater Ln. - Adventurous Homes/Contractor
R-193-86/5329 Inland Trail - Advenurous Homes/Contractor
R-196-86/833 Easton Tr. - Windsor Homes/Contractor
R-197-86/1824 Frenchmans Crossing -Windsor Homes, Inc ./Contractor
R-198-86/1716 River Run Trail - Elbrecht Concrete Cons ./Contractor
R-199-86/5315 IVhitewater Pass - Elbrecht Concrete/Contractor
R-200-86/3329 St. Croix Dr. - Joseph Chandler/Contractor
R-201-86/3S28 Kirkfield - Strebig Const. /Contractor
R-207-86/1028 Easton Tr. - Triple R. Const. /Contractor
R-208-86/7501 Bridgewater Dr. - Triple R. Const. /Contractor
R-210-86/1504 River Run Ct. - Chesapeak Homes/Contractor
R-211-86/5217 Inland Trail - Chesapeak Homes/Contractor
R-212-86/5405 Cove Ct. - Chesapeak Homes/Contractor
R-213-86/5211 Inland Trail - Chesapeak Homes/Contractor
R-214-86/1531 Channel Ct. - Chesapeak Homes/Contractor
R-215-86/6317 Kiwanis Dr. - Chesapeak Homes/Contractor
R-216-86/2020 Cambridge - Robert Houser/Contractor
R-218-86/1611 River Run Trail - Byler Concrete/Contractor
R-219-86/5417 Stonecreek Tr. - Byler Concrete/Contractor
R-220-86/4112 Hiawatha - Tibbitts Const . /Contractor
R-221-86/1619 Briar Fence Ln. - Hofmann Const ./Contractor
R-222-86/1624 Channel Place - Wayne Asphalt/Contractor
R-223-86/7809 Stonewall Run - Triple R Const ./Contractor
R-224-86/7820 Stonewall Run - Kirk Scheeler/Contractor
73. Received appraisal estimates for St. Joe Road Right-Of-Way P. 0. issued to Misner f,
as follows (Project No. M-F072(2). Associates the lowest
bidder .
1) Misner 5 Associates
2) Ronald E. Gettel
3) Roger N. Lemon
$25,400.00
$26,000.00
$26,800.00
74
Received two applications for taxi driver's permits.
Approved .
75
Received cover sheet for St. Joe Right-of-way -
Project #M-F072 § M-F752(2).
Approved and forwarded for
signatures by Allen County
Commissioners 5 then submitted
to Indiana Department of
Highways .
76
Received the following Petitions.
St. light for Greenview Avenue
St. light in fron of 2417 Edsall
Relief Sewer on Tecumseh
Curbing at 2707 Fairfax
Approved and forwarded
to proper departments for
their investigation.
Meeting adjourned at 10:30 a.m.
Lawrence D. Consalvos, Member
129
Wednesday, October 8, 1986
Department of Piijlic Wbrks & Safety
Office of the Board
Third Floor Bd. of Works Cohf. Rro.
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
C. R. Simon, l^tetiber
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
1. AWARD OONTRACT
Received reconitiendation and tabulation frcm WPC
Engineering Department for Concordia Gardens
Storm Dranage Inprovement - Res. 426-1986.
2. AWARD CONTRACT
Received recoitriendation and tabulation from WPC
Engineering for Res. 903-1986, East Cook
Road Sanitary Sewer Extension.
3. Received copy of agreement between the Indiana
Department of Highways and the City of Fort
Wayne for the preliminary engineering for the
West State Blvd. at Conrail RR Crossing Im-
provements. Federal Share to be 90% and Local
Share 10%. (State-Local Agreement - Project RRP-
F568) .
Awarded to Liberty Construction,
Inc., in the amount of $134,144.00.
Will be sent to Comnon Council on
October 28, 1986.
Awarded to Land, Inc. in the amount
of $21,234.00. Will be sent to
Common Council on October 28, 1986.
Approved and returned to Indiana
Dept. of Highways. Fully executed
copy to be returned to City.
Copy herein incorporated.
9.
10.
Received copy of agreement between the Indiana
Department of Highways and the City of Fort
Wayne for the Coliseum Blvd. Lighting Project.
(State-Local Agreement - Project HES-200-9 (18) .
Received pay request from McNamee, Porter & Seeley,
Consulting Engineers for engineering services in
connection with the Water Treatment Pilot Plant
in accordance with Agreement between the City of
Fort Wayne and Engineer dated April 2, 1986.
This is in the amount of $1,825.50.
Also received pay request fron McNamee, Porter
& Seeley in the amount of $1,933.96 in connection
with high service pump replacement improvements in
accordance with the Agreanent between the City of
Fort Wayne and the Engineer dated August 6, 1986.
Received pay request partial payment #1 fron All
Star Construction & Excavating in the amount of
$24,578.85 for work perfomed on East State
Church of God Lift Station, Res. 415-86.
Received pay request #1 fron All Star Const. &
Excavating in the amount of $90,883.46 for work
performed on Prospect Avenue Storm Sewer Project
#419-85 with retainage monies to be held $4,783.34.
Received Change Order No. 1 and Final for Res.
419-85 for Prospect Avenue Storm Sewer from
All Star Construction & Excavating decreasing
sum on $48,796.70 *ich changes contract price
to $103,966.30.
Received partial payment #1 from All Star Const.
& Excavating in the amount of $33,699.28 for
work performed on McKinnie Avenue - Senate Avenue
Sewer Project with retainage monies to be held
in the amount of $1,773.65. (Res. 896-85)
Received partial payment #5 from Dailey Asphalt
Products Conpany, Inc. in the amount of
$18,460.24
Ajproved and returned to Indiana
Dept. of Highways. Fully executed
copy to be returned to City.
Copy herein incorporated.
Approved and forwarded to City 't
Utilities Accounting. '
Approved and forwarded to City
Utilities Accounting to be charged
to W. 0. 72883.
Approved and forwarded to CD&P Acctg.
Approved and sent to Coimon Council
on October 14, 1986.
improved and forwarded to Controllers
Office to be charged to revolving
Barrett Law.
II
11.
12.
13.
14.
15.
16.
17.
Received final payment fron Land Excavating, Inc. in the
amount of $4,000.00 for work performed on Spy Run (NSA) Storm
Sewers - Resolution 414-1985, Federal Project.
Received pay request Invoice No. 1 in the amount of
$23,356.35 from Gaines Construction Ccmpany for work
performed on Res. 6038-86, Hanna-Creighton '86.
Received pay request Final Invoice No. 3 in the
amount of $918,60 plijist $6,502.86 retainage held
totaling $7,441.46 from Gaines Construction Conpany
for Res. 6037-86.
Received Final Invoice (Retainage) from Hipskind
Concrete Corporation in the amount of $5,764.90
for work performed on Emergency Resolution 6052-86,
Clinton St. fran Rudisill to McKinnie.
Received Sewer Construction Permit for Miller Ridge
Section I Sanitary Sewer frcm Tycor, Incorporated.
Construction Work will be performed by Land Exca-
vating, Inc.
Received Sewer Construction Permit for Franke
Plating Ccmbination Sewer Reroute fran Frarike
Plating Works, Inc.
Received Sewer Extension Agreement for Miller Ridge
Section I Sanitary Sewer between Tycor, Inc. and
City.
Approved and forwarded to
CD&P Accounting to be charqwi
against P. o. 46523, Appr.Z
195-008-SR01-4431. '
Approved and forwarded to
CD&P Accounting to be charged
against P. O. A- 4 7807, Aopr
1-72-008-HCC-24-431. '
Approved and forwarded to
CD&P Accounting to be charged
against P. 0. A-47633, ;^opr. No
1-72-008-PPC-24-431. • W-
Approved and forwarded to
Bob Ebert, Civil City Acctg.
per P. 0. A-48466, Appr. No'
138-972-LR&S-4431.
Approved and B. 0. 238-86 issued.
Approved and B. 0. 239-86 issued.
Approved and forwarded to WPC
Engineering for their recording.
18. Received request fran Wayne Asphalt & Const. Co.,
Inc. requesting an extension of their completion
date of September 30, 1986 on Res. 6045-86 and 6047-86
because of abnormal amount of rain.
Approved.
19. Received request from S. E. Johnson Companies,
Dailey Division requesting an extension of their
coipletion date of September 30, 1986 on Res.
6046-86 because of abnormal amount of rain.
Approved.
20. Received additional Services Agreanent for
Hobson Rd./E. State Blvd. Intersection Im-
provements from Bonar & Associates.
21. Received request from Street Engineering Department
to issue Purchase Order to Mergy Construction for
miscellaneous bid for pavement replacement in the
3000 block of Lake Avenue.
22. Received the following petitions.
Installation of ornamental st. Itg. on McMillan Dr.
Installation of Guardrail - Comer of Brackenridge & Fairfield
(West Side)
23. Received three applications for taxi driver's licenses
frcm the following:
Approved. Copy here incorparated.
Approved and forwarded to Bob
Ebert - Civil City Acctg. -
to issue P. 0. in the amount
of $2,716.32.
Approved. Investigation ordered.
Approved and letters written to
applicants .
James F. Deal - Roger A. Siler - Jeffrey Allen Wall
131
24. Received request from Northeastern Corporations Approved and assigned City of Fort Wayne
that the City of Fort Wayne honor land use and inspectors to complete the project,
sidewalk master plan for the Lincoln Village
project as approved by the Allen County Plan
Ccttmission.
25. Received the following driveway permits: Approved.
R-217-86/1226 Lynn Ave . /Property owner
R-225-86/1126 Easton Tr./L.D. Const.
R-227-86/7424 Stonewall Run/Con-Del Inc.
R-228-86/7707 Stonewall Run/Con-Del Inc.
R-229-86/5327 Stonecreek/Ben Bunt
R-230-86/1614 River Run/4en Bunt
R-231-86/5328 Inland Tr/Ben Bunt
R-232-86/816 Catalina/Tarks Inc.
C-86-86/5201 Camden Dr./Graber & Graber
C-89-86/405 Lower Huntington Rd./CME Corp.
C-91-86/8607 Temple/Schenkel Const.
P-68-86/1900 Carew/ilamilton Hunter
P-73-86/3000 E. State/Earth Const.
P-71-86/1529 Third St./McGuire & Son Asphalt
Meeting adjourned at 9:45 a.m.
ATTEST: V Xjm'A,'!
Lawrence D. Consalvos, Member
Helai V. Gochenour, Clerk
Thursday, October 9, 1986
Department of Public Works & Safety
Office of the Board
Third Floor Conference Roan
Hearing held at 3:00 p.m.
H. James Haley, Acting Director
C. R. Simon, Member
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
Confirmed. Ordered Water Eng.
Department to proceed with
plans and specifications.
1. PUBLIC HEARING - NOTICE TO PROPERTY OWNERS
Water Main Improvement Res. 1035-86 (Amended)
Garden Park Carive from Clinton Street to its
terminus, in Concordia Gardens Addition.
133
i
Wednesday, October 15, 1986
Department of Public Works & Safety
Office of the Board
Third Floor Conference Room, City-County Bldq
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
C. R. Simon, Mariber
L. D. Consalvos, Member
Helen V. Gochenour, Clerk
I. RECEIVE BIDS
Resolution 413-85 "Amended"
Industrial Road Storm Drainage Improvanents
3.
4.
6.
7.
ALL STAR CONST.
$181,525
00
Base
173,025
00
Alt.
BEROOT, INC.
242,126
00
Base
224,306
00
Alt.
JOHN DEHNER, INC.
192,752
06
Base
168,794
91
Alt.
LAND, INC.
164,850
00
Base
139,600
00
Alt.
SCHEIDLEMAN EXC.
171,481
60
Base
148,931
20
Alt.
T-G EXCAVATING
178,612
60
Base
168,292
60
Alt.
Engineer ' s Estimate
191,795
00
Base
189,000.
00
Alt.
Received Invoice No.
4454 from LAND,
INC. for
work performed on Hoagland Avenue Feeder Main,
Contract 86-XP-l, partial payment #2, in the
amount of $31,538.88.
Received pay request from MERGY CONSTRUCTICN in
the amount of $4,936.50 for work ccmpleted on Mis-
cellaneous Invitational Bid for the following.
1) N.W. & S.W. Comers - Calhoun & Paulding Rd.
(replace)
2) N.E. Corner - Calhoun & Pauling (Comer
Cut back )
3) 4337 - 4343 Drury Lane - Ranove & replace
Yard Walk & Curb
Received pay request for restoration of pavement
on Monument Drive between Parkview Addition and
Sawmill Woods Addition in the amount of $800.00
from Sawmill Woods Addition.
Received invoice from Controller for Lathrop
Street Storm Sewer Res. 403-84, 60% of Dailey
Asphalt Invoice #5 in the amount of $11,076.14.
City of Fort Wayne entered into an agreement
with A.L.C.S.S.E. Joint Venture. The developer
put up $250,000.00 to finance the sanitary sewer
installation for Res. 423-86. Cashier's check
to be deposited into Lincoln National Bank to be
drawn on as construction proceeds. Upon receipt
of grant funds, developer will be credited that
amount less City inspection and engineering fees.
Received request fron Street Engineering to in-
crease Purchase Order for Mergy Construction to
$4,527.20 for miscellaneous invitational bid for
pavement replacement on 3000 block of Lake Avenue.
This was relative to a memorandum on Misc. Invita-
tional bid at 3000 block of I^e Avenue which con-
sisted of rescinding a P.O. to Toiico of $1,944.00
iBd ri-issuing P.O. to Mergy in the amount of
$2,716.32 who was next in line to receive project.
Hold award until all permits obtained.
Approved and forwarded to City Utilities
Accounting to be charged to Work Order #
63773.
Approved and forwarded to Civil City Attg.
to be charged as per Purchase Order #
A-48883.
^proved and ordered payment fran LR&S Funds.
Approved and forwarded to Bob Ebert,
Civil City Accounting to be paid from
Storm Relief Dund.
Approved. Copy herein incorporated.
J^roved and ordered Bob Ebert
to increase purchase order.
134
10.
Received partial payment #10 and Final in the amount of
$19,051.70 fron John Dehner, Inc. for work performed on
Southwest Interceptor S-1, Res. #407-85, Phase VII.
Received Special Street Permit from Brooks Cbnstruction
Garpany for Woodbridge i^ts II - Fiver Run Trail.
Received Special Street Permit from L. W. Dailey, Inc.
Division of S. E. Johnson Ccmpany for Baer Field Office
Park, Lincolnway Court.
11. Received request for funding from CD&P for Self-Help
Bonus Inprovements for the following:
1) Four (4) neighborhood indentif ication signs in
Mchigan Avenue neighborhood for approximately
$2,500.
^^roved and ordered payment f
Utilities Accountina to be rh ^^it
to Work Order 72855^ "-"argaj
Approved. Forwarded to St. Eno
for their handling. "
Approved and forwarded to St.
for their handling.
Eng.
Approved and forwarded to Bob
Ebert Civil City - Funding paid fro,
Cumulative Capital Improvensnts
12.
2) Eighty-Four (84) square yards of carpeting in
Oxford Neighborhood Center for approximately
$800.00.
3) One hundred seventy (170) garbage can racks in
Oxford neighborhood for approximately $5,400.00.
Received request for funding from CD&P for Self-Help
Bonus Improvements for the following
1) Nine (9) street lights in the Michigan Avenue
neighborhood for approximately $8,500.00
Approved and forwarded to Bob
Ebert Civil City - Funding paid from
Cumulative Capital Improvements.
13. Received Water Contract 8624 - Lakes of Buckingham
South, Sec. Ill, agreement by and between Chris
Stauffer Homes, Inc. , and the Fort Wayne Water
Utility of the City of Fort Wayne.
Approved and forwarded to Water
Engineering for their handling.
14. Received Grant of Sewer Easement and Agresnent to
Maintain Sewers for Woodbridge Apartments of Fort
Wayne II.
15. Received recommendation from Water Eng. Dept. that
we accept Norwood-Houser Res. #1028-83 as part of
the City's integral water system.
16. Received recommendation from Water Eng. Dept. that
we accept Lincoln Village, Sec. II Water Contract
8607 as part of the City's integral water system.
Approved and copy herein in-
corporated.
Approved and acceptance letter
sent to Scheidleman Excavating.
Approved and acceptance letter
sent to Geiger Developing, Inc.
17. Received report from Street Engineering regarding
petition for proposed curbing, walks and street
lights on 1100 and 1200 block W. Oakdale Drive
from Broadway to Beaver Avenue.
18. Received recommendation from WPC Eng. to accept
into the city's integral sewer system Res. 897-85,
St. Joe Road Pump Station Elimination.
19. Received recommendation from l-JPC Eng. to accept
into the city's integral sewer systan. Res. 325-83,
Elkridge Addition Sanitary Sewer.
20. Received recommendation from WPC Eng. to accept
into the city's integral sewer system Southwest
Interceptor - Phase II, Res. 408-1985
Approved and acceptance letter
sent to Land Excavating, Inc.
Approved and acceptance letter
sent to Butler s Butler.
Approved and acceptance letter
sent to Bercot, Inc.
21. Received petition for street lighting in front of
Goeglin's, Inc. at 7311 Maysville Road.
Approved and forwarded to !
lighting for investigatioi
-■SB
22.
23.
Received one application for Taxi Cab
License.
Auto Truck, Inc. requested Board's approval
to proceed with construction of on-site
building sewer and to pay area connection
fees for said area when Board establishes
those fees.
Approved .
Approved.
Meeting adjourned at 9:45 a.m.
ATTEST
Helen V. Gochenour, Clerk
awrence D. Consalvos, Manber
136
Thursday, October 16, 1986
Department of Public Vtorks & Safety
Office of the Board
Third Floor Conference Roan, City-County Building
Hearing held at 3:00 p.m. and 3:30 p.m.
H. James Haley, Acting Director
Cosette R. Simon, Manber
Lawrence D. Consalvos, ^fember
Helen V. Gochenour, Clerk
2,
PUBLIC HEARING - Notice to property owners
Res. 1036-86 Amended Water Main Improvement
for construction of a system of water mains,
in and along Ludwig Park Drive, frcxn the east
property line of Lot 45, eastward to the west
property line of Lot 35, Ludwig Park Addition.
PUBLIC HEARING - Notice to property owners
Res. 1037-86 Amended Water Main Iitprovement
for construction of a system of water mains
in and along Province and River Park Drive
in Concordia Gardens.
Confirmed. Ordered Water Eng. to
proceed with plans and specifications
Confirmed. Ordered Water Eng. to
proceed with plans and specifications.
137
Wednesday, October 22, 1986
Department of Public Works & Safety
Office of the Board
Third Floor Conference Room, City-County Building
Meeting held at 9:00 a.m.
H. James Haley, Acting Director
Cosette R. Simon, Member
Lawrence D. Consalvos, Manber
Helen V. Gochenour, Clerk
I. Receive bids - Water Contract 86-05,
Service Tap Installations.
2. Receive bids for Vacant Lot at 1423 Dubois
Street.
No bids received. To be readvertised.
Bid accepted.
Bid received from Hanna Brothers Drywall &
Painting, Inc. - $500.00.
Received pay request #1 for Res. 421-86, Oswego
Sanitary Sewer Line Repair fron Bercot, Inc. in
the amount $17,780.40.
Received partial payment #3 in the anount of
$12,952.25 from Land Excavating, Inc. for work
performed on Miami Village Storm Sewer Separation,
Resolution #420-86 - Phase II.
Approved and forwarded to City Utilities
to be charged to Vfcirk Order #73155.
Forwarded to City Utilities Accounting
to be charged to W. O. 73090.
5. Received pay request fron HNTB, Invoice #7,
for engineering services in connection with
the Digestion Facilities Improvements, per
their contract dated July 30, 1986, $8,460.00.
6. Received pay request from HNTB, Invoice #14,
for engineering services in connection with
the evaluation of Terminal Pond #3 Dike. This
is in the amount of $733.34, and is in accordance
with letter of Authorization dated July 29, 1986.
Approved and forwarded to City Utilities
for payment.
Apprcved and forwarded to City Utilities
for payment.
Received pay request Invoices #12 & 13 from
HNTB for evaluation services related to the
evaluation of centrifuges for sludge thickening.
This is in the amount of $ 8,638.85 per general
consulting services agreement accepted Oct. 31,
1984, services for June 21 through July 18, 1986.
Received City Utilities Invoices from Transportation
Engineering for Technical Services Labor on Street
Engineering projects as follows:
Approved and forwarded to City Utilities
for payment.
Approved and forwarded to Bob Ebert,
Civil City to be paid from LR&S
Account Fund 138.
LOC 0005
St. Joe Rd.
Invoice 609 T 1007
$675.00
LOC 0017
Bluffton Rd.
Bluff ton Rd.
Invoice 609 T 1021 7,290.00
Invoice 609 T 1042 7,537.50
LOC 0044
Maplecrest Road Invoice 609 T 1020
1,185.00
16,687.50
Received City Utilities Invoices frcm Transportation
Engineering for Technical Services Labor on Street
Engineering projects as follows.
Invoice 508 T 897. - $780.00
Approved and forwarded to Bob Ebert,
Civil City to be paid fron 1986 Bond
Issue Funds . This is per Work Order
10623 per B. 0. 158-86.
138
10. Received City Utilities Invoices for Techinical Services
labor on street construction at the Cook Road Industrial
Park Project (Summit Park) .
Invoice 605 T 524
$172.50
Approved and forwarded to Bob
Ebert to be paid from Utility
Funds. ^
11. Received agresnent from Bonar & Associates (modified)
for engineering services for storm/sanitary sewer im-
provements on projects designated as follows:
1) Liberty Drive/Waynedale Drainage Improvements
2) Oakdale Neighborhood Drainage Improvanents
3) Fairfield Avenue Sanitary Sewer
4) Rolling Rose Neighborhood Drainage Improvements
Approved,
vault.
Copy on file in
12. Received contract executed by owners of Versaille
Village for the installation of an underground
ornamental street lighting system.
13. Received resolution authorizing of transfer of pro-
perty to Redevelopment described as follows: the
West 90' of N 61.5' of Lot #1, Anthony Hiblers
Addition to the City of Fort Wayne.
14. Received Water Contract #7722, Concord Hills Addn.,
Section I, W. O. 63374, from North Eastern Construction
Company.
i^roved and copy herein incor-
porated. Copy sent to owner
Zohrab K. Tazian.
Approved and copy herein in-
corporated.
/Approved and forwarded to
Water Engineering for their
handling.
15. Received Water Contract #8625, Summerfield, Sec. IV,
from Left Guard, Inc., W. O. 63957.
16. Received Water Contract #8626, Shannonside, Sec. II
from Windsor, Inc., W. 0. 63956.
17. Received Sewer Construction Permit for Windsor Woods,
Section III, from Zohrab K. Tazian, Liberty Const.
Inc . , Contractor . Also received Sewer Extension
Agreement for same.
18. Received agreement between Shive Nursing Center Inc.
and Board of Public Works which is their share
accepting their cost of $6100.00 for necessary work
for cleaning work along with other work that is re-
quired by the City for Lawrence Drain Iitprovement
19. Received agreement between Z. K. Tazian Associates,
Inc., 345 W. Wayne St., Ft. Wayne, IN 46802, and
City whereas Tazian intends to make stom and/or
sanitary sewer improvements on the projects designated
as follows: A. Crestwood Drainage Relief B. Ardmore-
Engle Sanitary Sewer C. Wildwood Park Storm Sewer
D. Purdue-Stanford Intersection Storm Relief.
20. Received for Board approval Improvement Resolution
for Street or Alley No. 6062-86 - 1986 Asphalt Re-
surfacing Program Fourth Package.
21. Received for Board approval Improvement Resolution
for demolition of Hanna School Building.
22. Received Taxi Cab License Applications for
two applicants. One approved and one to
be reviewed.
23. Received Resolution for Board approval whereas
be it resolved that the proposed Agreement by
and between City and Fort Wayne-Allen County
Airport Authorityis hereby ratified and approved.
The members of the Board are hereby empowered and
authorized to execute such Agreement.
Approved and forwarded to
Water Engineering for their
handling.
Approved and forwarded to
Water Engineering for their
handling .
Approved and B. 0. 244-86
assigned. Forwarded to
WPC Eng. for their handling.
A.pproved and forwarded to
Shive Nursing Home for their
accentance .
Approved and copy on file in
vault.
Approved and adopted. Cooy
herein incorporated. Advertise
Notice to Contractors Oct. 24 s
31 with date to receive bids on
November 12, 1986.
Approved and adopted. Copy
herein incorporated. Advertise
Notice to Contractors Oct.
31 with date to receive bids on
November 12, 1986.
Approved.
Approved and copy herein in-
corporated.
I
I
I
I
24.
135
Received Resolution for Board adoption regarding Approved and copy herein incorporated.
St. Joseph Medical Center for partial vacation
of Berry Street, bounded on the east by Broadway
St. and bounded on the west by Van Buren Street
Also received Agreement for same.
25. Received Resolution for Board approval being re- Approved and copy herein incorporated,
solved that the Board does hereby ratify, authorize
and approve the transfer of real estate 'to
Redevelopment
Meeting adjourned at 9:45 a.m.
Wednesday, October 29, 1986
Department of Public Works & Safety
Office of the Board
Third Floor Conference Room, City-County Building
Meeting held at 9:00 a.m.
Baron R. Biedenweg, Director
Cosette R. Simon, Member
Lawrence D. Consalvos, Member
Helen V. Gochenour, Clerk
1. RECEIVE BIDS
Resolution 86-06 - Kirkwood Park Water Main
BERCOT, INC.
JOHN DEHNER, INC.
SCHEIDLEMAN EXC.
T-G EXCAVATING
TOMCO CONST.
Engineer's Estimate
$87,484.50
$88,619.00
$68,217.50
148,438.25
77,570.00
84,731.25
Received a partial payment frcm All Star Const.
Conpany from All Star Construction & Excavating,
Inc. for work performed on Res. 417-85, Old Mill
Road, in the amount of $121,931.70. Further
$6,417.46 should be deposited in Escrow Account -
Summit Bank.
AWARD CONTRACT Wed. Nov. 5, 1985
Approved and forwarded to Bob Ebert,
Civil City Accounting to be paid from
the Fort Wayne Sewer Relief Funds.
Received pay request #1 for Res. 898 -85, Doenges
Drive Sanitary Sewer Project from All Star Const,
in the amount of $12,224.69.
Received request from City Plan Commision, whereas
St. Joseph Hospital of Fort Wayne, Inc, d/b/a/ St.
Joseph Medical Center of Fort Wayne petitioned
to hold a public hearing upon the vacation of por-
tion of Broadway Street on the east to Van Buren
Street on the west.
Received invoice frcjn Hipskind Concrete Corporation
in the amount of $15,178.36 for Resolution No.
6043-86 - Fairfield NSA'86.
Received Completion Affidavit, Maintenance Bond,
Partial Payment #1 and Final Payment request
for Contract 85-W-5, Maplecrest Tank Cathodic
Protection, from Wallace & Tieman as follows:
$3,821.00 - for Partial Payment #1
3,820.00 - for final Payment
Received Invoice No. 6976 and Certificate of
Claim from North Eastern Construction Co., Inc.
in the amount of $1,420.00 for oversizing of
pipe on Water Contract 8607, Lincoln Village,
Sec. II.
Approved and forwarded to Betsy
Meyer to be paid from Revolving
Barrett Law Fund.
Approved and Res. 76-140-4 adopted.
Copy forwarded to City Plan for
their handling.
Approved and forwarded to CD&P
Accounting to be charged to
Acprooriation #l-72-008-FFC-24-431.
Approved and forwarded to City
Utilities Accounting to be charged
to Work Order 63872.
Approved and forwarded to City
Utilities Accoungting to be charged
to Work Order 63911.
Received pay request #2 - Subagreement 3 for
Infrastructure Management System - Phase II
from Caitp Dresser & McKee Inc. in the amount
of $4,760.00.
Approved and forwarded to City
Utilities Accounting.
141
10.
11.
Received invoices from Carl E. O'Neal, Transportation
Engineering for engineering services performed on
Catmunity Developnent and planning projects total-
ing $3,803.60.
Received fron Transporation Engineering invoices
in the amount of $11,745.00 (Invoice#IC-2583) and
$7,715.25 (Invoice #IC2684) from Clyde E. Williams
and Associates for Roadway Lighting Consultant
Preliminary Engineering Sercies per agreement
dated 3/12/86.
Received City Utilities invoices for engineering
and technical services for the following:
Paulding Rd. - Old Decatur Rd. emeraency repairs
Land Inc. 33,494.00
Blue Print Rm. 85.51
Engineering 143.5 143.5 hours 2, 920 ! 98
Tech. Services 98 hours 1,754.39
38,255.39
Approved and forwarded to CD&P for
payment.
Approved and forwarded to Bob Ebert
- Civil City Accounting to be paid
from LR&S Account #138-972-0045-4431.
Approved and paid from Storm Sewer
Relief funds - Bob Ebert - Civil City Acctg.
Smith Street Storm Sewer Improvement
Engineering 28 hours 541.80
College Park Sec. 2 - Storm Sewer
Engineering
Postage
16 hours
361.16
1.17
362.32
12. Received executed copy of Notice to Proceed for
Lawrence Drain Res. 425-86, Phase II, from
Spears Dehner.
Approved .
13. Received Sewer Construction Permit from The
Skinner-Broadbent Const Co., for "The Shoppes,
4740 Coldwater Rd., Contractor Lengacher Ex-
cavating .
Approved and B. O. 247-86 issued.
14. Received Sewer Construction Permit from Ambassaor
Builder's for Yardley Manor, Sec. II 1986, Con-
tractor Leininger Excavating, Inc.
Approved and B. 0. 246-86 issued.
15. Received Sewer Construction Permit from Peter
T. Papagiannis for Goshen Road Sanitary Sewer,
Bercot-Gibson Const. Co., Inc., Contractor.
Approved and B. O. 248-86 issued.
16. Received Sewer Construction Permit from David
R. & Terry A. Kowalcyzk for 6648 Ilaplecrest
Road Sanitary Extension, T-G Excavating, Con-
tractor .
Approved and B. 0. 249-86 issued.
17.
Received Street lighting petition for Monroe
Street.
Approved and forwarded to Neighborhood
Improvement Department for their in-
vestigation .
18. Received three applications for taxi cab
cab permits.
Approved.
Meeting adjourned at 9:30 a.m.
ATTEST
Helen V. Gochenour, Clei
J.->/iP'
^lerk
Baron R. Bied^weg^ DirecCkr
Cosette R. Sim6n, M(
Lawrence D. Consalvos, Menber
142
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